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LAWS OF WISCONSIN 



RET>ATTN« TO 



COMMON SCHOOLS, 



INCWmNG THE 



TOWNSHIP AND FREE HiaH-SOHOOL LAW. 



Prepared and Published hi Piirsuanee of Latr 

• rNDER THK DIKEOTION OK THE 

SUPERINTENDENT OP PUBLIC INSTRUCTION. 




LIBRARY OF THE 

UNITED STATES BUREAU OF EDUCATION 

. ♦ » 

Divisioiv . 

^helf. J^'o 

PRESENTED BY 




A f 



LAWS OF WISCONSIN 

VV'" \ 






RELATING TO 



COMMON^ SCHOOLS, 



INCLUDIXG THE 



TOWNSHIP AND FEEE HIGH-SCKOOL LAW. 




Prepared and rublished in Pursuance of Law 

VNDER THE DIRECTION OF THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



MADISON, WIS.: 
K. B. BOLENS, STATE PRINTER. 

1876. 






'/(^ 









TO SCHOOL OFFICERS. 

This volume is public property, and belongs to the school-district to which, it is- 
sent. It is to be kept by the district clerk, but may be delivered by him to any voter 
of the district, to be retained not exceeding five days. If an annual, special or ad- 
journed meeting is to take place within ten days, this book must not be loaned to. any 
person, but must be retained by tlie clerk, and produced by him at such meeting for 
consultation by the voters. 

In like manner it is to be kept by eack town clerk to wliom it may be sent, for his 
official use, and that of the board of supervisors. 

When sent to any school officer, he holds it only in his official capacity, and it nma 
be carefully preserved and hai^ded o.ver to his successor in office. 



Office Superintendent Public Instruction, 

Madison, July, 1876. 
This volftme contains the School Code ■with such amendments as have been made 
up to the present time, and such miscellaneous laws as relate especially to our com- 
mon schools, including the Township Law and the Free High School Law. Laws 
relating to the normal schools, the university and some other matters, are omitted; 
also tlie school-house plans. 

Only a linjited number of copies of this edition of the Code have been printed, to 
supply temporary demand, it being supposed that a large and full edition of the School 
Laws will be called for as soon as the revisers of the statutes have completed that 
part of their work, and the legislature has passed upon it, v/liich it is hoped may be 
early in the next session. 

EDWAED SEAEING, 

Superintendent. of Public Instruction. 



LAWS RELATING 



COMMON SCHOOLS. 



CHAPTEil 155, GEXERAIi LAWS OF 1863. 



FORMATION OF SCHOOL-DISTRICTS. 

Sectiox 1.* The board of supervisors in each town in this State 
shall have power to form and alter school-districts in the manner 
hereinafter set forth: 2^>'0i'ided,ih.a,t no school-district can or shall 
embrace more than thirtj'-six square miles of land. 

The size of school-districts cannot be more than thirty-six square 
miles, or sections, (twenty-three thousand and forty acres), A dis- 
trict, however, may be of any convenient shape, provided it does- 
not embrace more territory than the law allows; and it '.s always 
desirable to have it as large as a dne regard to the distance to be 
traveled to reach the school-house will warrant, but it should be 
as compact in form as the natural features of the country will per- 
mit, and should be composed of contiguous territory. The restric- 
tion as to size, does not apply to districts formed previous to the- 
amendment of this section in 1868. 

SECTiO]sr 2. The formation of a school-district shall be by writ-- 
ten order of the board of supervisors, describing the territory em- 
braced in such district, which order shall be filed with the town- 
clerk, and it shall be the duty of the supervisors, Avithin twenty 

* See chapter 50, general laws of 1868. 



2 

days thereafter, to deliver to a taxable inhabitant of the district, a 
notice in writing, describing its boundaries and appointing a time 
and place for the first district meeting. 

The order for forming or altering a school-district should be so 
complete and definite in its terms that a surveyor, at any future 
day, may be able to run its boundaries without reference to any 
other document. Hence, districts should be described by govern- 
ment surveys ; but, if necessary, exterior lines may be defined by 
reference to natural features, such as rivers, creeks, marked trees, 
etc., or to highways or town lines. An indefinite designation of a 
certain piece of land, or quarter section, as the site, is not sufficient. 
As a school district consists of territorij and not persons, the terri- 
tory should be so described that a change of ownership will not re- 
quire a change in that description.* 

A taxable inhabitant is one who is liable to pay a tax, although 
no tax may have been assessed upon him. The time for holding 
the first meeting should not be fixed upon a day earlier than that 
upon which the order forming the district goes into effect. In 
case a new district is formed out of the territory taken from an 
old one, the order does not go into effect until three months after 
it is made, without the consent of the majority of the board of the 
-district from which such territory was taken. It should be dis- 
tinctly understood that nothing can be done towards actually or- 
ganizing a new district, beyond the giving of the notice for the 
first meeting, until the order of formation takes effect ; and other 
districts from which territory may be taken remain precisely as 
they were, until that time. In the case of a joint district, the 
order of formation, and the notice for the first meeting, must be 
signed by a majority of the supervisors of each of the towns in 
which a part of said joint district is situated, and the order must 
have been passed at a joint meeting of all the boards.f 

The legal organization of a district requires that all orders re- 
lating to the action of the supervisors in forming it, shall be re- 
corded in the offices of the clerks of all the tov/ns in- which any 
part of such district is situated. 

The formation of joint districts should be avoided, except in those 
cases in which there are strong reasons for organizing them. 
* See form No 1. f See form No. 2. 



Section 3. The supervisors shall, in such notice, direct such in- 
habitant to notify eyery qualified voter of the district, either per- 
sonally or by leaving a written notice at his place of residence, of 
the time and place of such meeting, at least five days before the 
time appointed therefor; and it shall be the duty of such inhabi- 
tant to notify the voters of such district, agreeably to the require- 
ments of said notice, and indorse thereon a return containing the 
names of the persons by him notified; and said notice and return 
shall be recorded as a part of the record of the first meeting in 
such district. 

The notice should be read in the hearing of each voter, but when 
this is impracticable, a copy of the notice left at his residence will 
answer the requirements of the law.* The notice should be given to 
every inhabitant having any pretensions to a right to vote. The 
notice does not determine the right of voting, and hence, wliether 
the person giving the notice considers another qualified or not is 
of no importance. 

The return of the person directed to give the notice should be 
indorsed upon the notice and signed by the person making it. It 
should be produced at the meeting and filed with the records of the 
district. It is not the only evidence, however, of the legality of 
the proceedings of the meeting. In its absence, secondary evidence 
might establish the fads upon which the legality of the meeting- 
depends. 

In computing statute time, the first da}', or the day on which the 
time begins to run, is to be excluded. The notice should therefore 
be given as early as the sixth day before the meeting, and both the 
time and manner in which it is given should be clearly set forth in 
the return. The supreme court of Massachusetts, in regard to a 
similar notice, says: "When the selectmen direct a warrant for 
calling a school-district meeting, to a proper person, he is made a 
i^eturning officer for that occasion. All returning offict rs are min- 
isterial, and are bound to set forth in their returns all the acts done 
by them, that the proper tribunal may judge of their sufficiency. 
They are not competent to judge of the legality of a notice or ser- 
vice; and a return that a precept had been Jegcdhj served, or that 
the duty enjoined by the warrant had been duly performed, would 
most clearly be insufficient." 

Section 4. In case such notice shall not be given, or the inhabi- 
* See form No. 3, 



4 

tants of a district shall neglect or refuse to assemble or form a dis- 
trict meeting when so notified, or in case any school-district having 
been formed or organized shall afterwards be dissolved, so that no 
competent authority shall exist therein to call a special meeting in 
the manner hereinafter provided, notice shall be given by the town 
supervisors, and served in the manner prescribed in the preceding 
section.* 

The power of the supervisors to call a meeting after a district 
has been organized by the election of officers, is limited, so far as 
this section is concerned, to the case of no authority existing to 
call a meeting therein. If the offices of a district have all become 
vacant, it is the duty of the supervisors to call a meeting, as pro- 
vided in section three. If a district neglects for two years to main- 
tain a school, the town board must extinguish it. (See Sec. iQ.) 

Section' 5. Whenever a district meeting shall be called in the 
manner prescribed in the preceding section of this chapter, it shall 
be the duty of the electors of the district to assemble at the time 
and place mentioned in such section. 

The " electors of the district" are such persons as are qualified 
to vote at a general election for State and county officers, and who 
reside in the district. (See Sec. 8.) 

It is the duty of all electors to attend the district meetings; but 
the acts of those who assemble are valid and binding upon those 
who neglect to perform their duty. It is also the duty of those 
who may have received no formal notice of a district meeting to 
attend the same, if they have learned the time and place at which 
it is to be held. An unintentional neglect to give notice to some 
of those entitled to receive it will not invalidate the proceedings. 
They may, however, be set aside on appeal, if sufficient cause can 
be shown. 

Section" 6. Every school-district shall be deemed duly organized 
when any two of the officers elected at the first legal meeting there- 
of shall have consented to serve in the offices to which they have 
been respectively elected, by a written acceptance thereof, filed with 
the clerk and recorded by him; and every school-district shall be 
considered as legally organized, after it shall have exercised the 
franchises and privileges of a district for the term of two years. 

The first business, after the district meeting is organized, is the 
election of officers. The reason for this is, that none but organ- 

*See form No. 6. 



ized districts can transact business, and no district is fully organ- 
ized until it has officers. The written acceptance of the trust is 
evidence that the officers elected will serve. These acceptances 
should be made a part of the records of the meeting. In case they 
cannot be obtained within a reasonable time, the meeting may ad- 
journ to some certain time sufficient for procuring them. The time 
for which the meeting adjourns must not be greater than a month. 
No notice for an adjourned meeting is required, unless the adjourn- 
ment is for a longer period than one month. A meeting may order 
its clerk to give notice of an adjourned meeting, in order to secure 
a full attendance of the electors; but any neglect to execute such 
order would not invalidate the proceedings of such adjourned meet- 
ing. If the persons elected refuse at the time to serve, the meeting 
may proceed to elect others. All the powers conferred by law upon 
the voters at an annual meeting, are possessed and may be exercised 
by them at the first meeting. 

Every district having exercised the powers and enjoyed the 
privileges of a school-district for two years, is held to be legally 
organized, notwithstanding any informality of proceeding in its 
organization. Until its organization is set aside by competent 
authorit3% it is the duty of its officers to comply with all the re- 
quirements of the school-law. It is sufficient for them to know 
that it is a district de facto. After two years have elapsed, its or- 
ganization cannot be set aside on account of any alleged informali- 
ty by an}^ person or officer. 

CORPORATE POWERS OF SCHOOL-DISTRICTS. 

Section 7. Every school-district organized in pursuance of this 
chapter, or which has been organized under any previous law of the 
State or Territory of Wisconsin, shall l)e a body corporate and 
shall possess the usual powers of a corporation for public purposes, 

by the name and style of "school-district number ," (such 

■number as shall he designated hij the town supervisors in the forma- 
tion thereof,^'' "of ," (the name of the town or towns in ivhich 

the district is situated,) and in that name shall sue and be sued, and 
be capable of contracting and being contracted with, and of hold- 
ing such real and personal estate as is authorized to be purchased 
hj the provisions of this chapter, and of selling the same. 

All contracts made with a school-district; all suits brought by 
the district, and all writings in which a district is party, require 
that the name of the district should be mentioned: e. <7., school- 



6 

district number four^ town of Lincoln, Polk counti/. When district 
ofScers are specifically empowered by law to act, thei^names may 
be mentioned. The district, as a corporate body, has perpetual 
succession and existence by its corporate name, and may hold real 
and personal estate for its corporate purposes. It is a body created 
by law, and is wholly distinct from the individuals that may from 
time to time compose it. A school-district does not become dis- 
solved, or lose any of its rights, or become discharged of its obliga- 
tions by a change of its name, number or boundaries or by becom- 
ing a joint-district. (School-district No. 3, vs. Macloon, 4 W. R.^ 
79.) 

QUALIFICATIONS OF VOTERS. 

Sectiok 8.* Every person shall be entitled to vote in any school- 
district meeting of this State, who is qualified to vote at a general 
election for State and county officers, and who is a resident of such 
school-district. 

The qualifications of voters at a general election are declared by 
chapter 7, of the revised statutes, as amended by chapter 47, of the 
general laws of 1861, or Taylor's Statutes, chapter 7, to be as fol- 
lows: 

Sectioit 1. Every male person of the age of twenty-one years or 
upwards, belonging to either of the following classes, who shall 
have resided in the State for one year next preceding any election, 
shall be deemed a qualified voter at such election: 

1. White citizens of the United States. 

2. White persons of foreign birth, who shall have declared their 
intention to become citizens, conformably to the laws of the United 
States on the subject of naturalization. 

3. Persons of Indian blood, who have once been declared by law 
of Congress to be citizens of the United States, any subsequent law 
of Congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any tribe. 
Section 2. No person under guardianship, non compos mentis^ 

or insane, shall be qualified to vote at any election ; nor shall any 
person convicted of treason, felony, or briber}-, unless restored to 
civil rights ; nor shall any person who, being an inhabitant of this 
State, may hereafter be engaged, directly or indirectly in a duel, 
either as principal or accessory, be permitted to vote at any elec- 
tion; nor shall any person who shall have made or become directly 
or indirectly interested in any bet or wager, depending upon the 
result of any election at which he shall offer to vote, be permitted 

*See chapter 174, general laws of 1872, 



to vote at such election. Nor shall any person be deemed to have 
gained a residence in any town or ward in this State, so as to enti- 
tle him to vote at any election in such town or ward, by remaining 
in such town or ward as a pauper, supported by the town or county 
in which he shall be living at the time of such election ; and no 
person shall be deemed to have lost his residence in any town or 
ward by remaining in any other town or ward as such pauper. 

The right of suffrage was extended to male colored inhabitants 
of this State over twenty-one years of age in 184:9. 

The question of residence is important, with respect to the right 
of voting, holding district offices, and enumeration of pupils. 

Inhahitancy and residence do not mean precisely the same thing 
as domicil, when the latter term is applied to successions to personal 
estate, but they mean a fixed and permanent abode or dwelling 
place for the time being, as contra-distinguished from a mere tem- 
porarij localiti/ of existence. (8 Wendell, N. Y. R., 140.) 

Actual residence is not indispensable to retaining a domicil, but 
it is retained by the absence of any present intention of removing 
therefrom, as well as by the intention not to change it or adopt 
another. An intention to remove does not affect the domicil, un- 
less such intention is carried into effect. The rule is that a domi- 
cil once acquired remains until a new one is acquired. The law 
supposes every person to have a domicil somewhere; and he can 
have only one domicil at one and the same time. In determining 
the domicil it is held, (23 Pickering, Mass. R., 178) that " the place 
of a man's dwelling-house is first regarded, in contra-distinction to 
any place of business, trade, or occupation. If he has more than 
one dwelling-house, that in which he sleeps or passes his nights, if 
it can be distinguished, will govern. And if the dwelhng-house is 
partly in one place and partly in another, the occupant must be 
deeemed to dwell in that town in which he habitually sleeps, if it 
can be ascertained." 

Section 30, of chapter 7, of the revised statutes, as amended by 
chapter 471, of the general laws of 1864, provides the following 
rules for governing inspectors in determining the residence of elec- 
tors. 

Section 30. The inspectors of election in determining the resi- 
dence of a person offering to vote, shall be governed by the follow- 
ing rules, so far as they maj' be applicable: 

First. That place shall be considered and held to be the residence 



of a person, in wliicli his habitation is fixed without any present in- 
tention of removing therefrom, and to which whenever he is absent, 
he has the intention of returning. 

Second. A person shall not be considered or held to have lost 
his residence, who shall leave his home and go into another State, 
or county, town or ward of this State for temporar_y purposes mere- 
ly, with an intention of returning. 

Third. A person shall not be considered to have gained a resi- 
dence in any county, town or ward of this State, into which he 
shall have come for temporary purposes merely. 

Fourth. If a person remove to another State with an intention 
to make it his permanent residence, he shall be considered and held 
to have lost his residence in this State. 

Fifth. If a person remove to another State with the intention 
of remaining there an indefinite time, and as a place of present res- 
idence, he shall be considered and held to have lost his residence 
in this State, notwithstanding he may entertain an intention to re- 
turn at some future period. 

Sixth. The place where a married man's family resides shall 
generally be considered and held to be his residence; but if it is a 
place of temporary establishment for his family, or for transient 
objects, it shall be otherwise. 

Seventh. If a married man has his family fixed in one place, and 
he does his business in another, the former shall be considered and 
held to be the place of his residence. 

Eighth. The mere intention to acquire a new residence, without 
the fact of removal, shall avail not bin g, neither shall the fact of 
removal without intention. 

Ninth. If a person shall go into another State, and while there ex- 
ercise the right of a citizen by voting, he shall be considered and 
held to have lost his residence in this State. 

CHALLEISTGING TOTES. 

Sectiox 9.* If any person offering to vote at a school-district 
meeting shall be challenged as unqualified by any legal voter in 
such district, the chairman presiding at such meeting shall declare 
to the person challenged the qualifications of a voter ; and if such 
person shall declare that he is a voter, and if such challenge shall 
not be withdrawn, the chairman shall tender him the following 
oath or affirmation: "You do solemnly swear (or affirm, as the 
case may be) that you are an actual resident of this school district, 
and that yon are qualified according to law to vote at this meeting." 
And every person taking such oath or affirmation, shall be permit- 
ted to vote on all questions proposed at such meeting ; but if the 
person shall refuse to take such oath or affirmation, his vote shall 
be rejected. 

The following will aid in determining the " qualifications of a 
*See chapter 174, general laws of 1872, section 2. 



9 

voter," although the chairman of a district meeting cannot require 
the person challenged to answer the questions, under oath. This 
power is vested only in inspectors of elections. Section 34, of chap- 
ter 7, of the revised statutes, as amended by section 1, of chapter 30, 
general laws of 1860, prescribes the duties of inspectors of election 
in case a person offering a vote is challenged: 

Section 34. If a person offering to vote is challenged as un- 
qualified by any elector, or by one of the inspectors of the election, 
one of the inspectors shall tender to him the following oath or affir- 
mation: "You do swear (or affirm) that you will fully and truly 
answer all such questions as shall be put to you touching your 
place of residence and qualifications as an elector of this election. 

First. If the person be challenged as unqualified on the ground 
that he is not a citizen, and has not declared his intention to be- 
come a citizen, the inspectors, or one of them, shall put the follow- 
ing questions: 

1. Are you a citizen of the United States? If no, then — 

2. Have you declared your intention to become a citizen of the 
United States, conformably to the laws of the United States? 

3. When and where did you declare your intention to become a 
citizen of the United States? 

Second. If the person be challenged as unqualified on the 
ground that he has not resided in this State for one year immedi- 
ately preceding the election, the inspectors, or one of them, shall 
put the following questions: 

1. How long have you resided in this State immediately preced- 
ing this election? 

2. Have you been absent from this State within the year imme- 
diately preceding this election? If 3"es, then — 

3. When you left did you leave for a temporary purpose, with 
the design of returning, or for the purpose of remaining away? 

4. What State or Territorj' did you regard as your home v/hile 
absent ? 

5. Did you, Avhile absent, vote in any other State or Territory? 
Third. If the person be challenged as unqualified on the ground 

that he is not a resident of the county, town, or ward where he 
offers his vote, the inspectors, or one of them, shall put the follow- 
ing questions. 

1. When did you last come into this county, town, or ward? 

2. Did you come for a temporary purpose merely', or for the pur- 
pose of making it your home ? 

3. Did you come into this county for the purpose of voting in 
this county? 

4. Are you now an actual resident of this county or ward, and 
"what is the particular description, name, and location of your place 
of residence? 

Fourth. If the person be challenged as unqualified on the ground 
that he is not twenty-one j'ears of age, the inspectors or one of 
them, shall put the following questions: 



10 

1. Are j^oii twenty-one years of* age to the best of your knowl- 
edge and belief? 

The interrogatories which may be addressed to a person challenged 
as a deserter, are omitted, as it is held that the disability to vote 
arising from this cause does not apply to town and school-district 
meetings. 

The inspectors of election, or one of them, shall put all other 
questions to the persons challenged, under the respective heads 
aforesaid, as may be necessary to test his qualifications as an elector 
at that election. 

If a person who is unqualified is allowed to vote without being 
challenged, those objecting to the proceedings must show that they 
did not know him to be unqualified. A challenge should be inter- 
posed at the first instance in which such person offers his vote, for 
it is not just for one to avail himself of a vote so long as it is cast 
so as to carry out his views, and then be permitted to object when 
the voter differs with the challenger. 

The chairman of a district meeting has no right, under the stat- 
ute, to prohibit from voting any male person who takes the oath 
required by law. It will, however, be competent for the Superin- 
tendent of Public Instruction to correct and set aside all proceed- 
ings carried by votes clearly illegal, if the result depends upon 
them. It is the duty of the chairman of the district meeting to 
permit any person challenged, to take the oath required by law, 
and a refusal on his part to perform this duty will be considered 
good ground for setting aside the proceedings of the meeting. 

Proceedings will not be set aside on account of illegal votes, un- 
less a different result would have followed the exclusion of such votes. 
' The mere circumstance that improper votes are received at an 
election will not vitiate it. The fact should be shown affirmative- 
ly, that a sufficient number of improper votes was received for the 
successful ticket, to reduce it to a minority if they had been re- 
jected; or the election shall stand." (7 Cowan, N. Y.) 

If the nominee for chairman is challenged, the person making 
the nomination usually acts as temporary chairman, and should 
require the person challenged to take the oath pi'escribed by the 
statute. 



11 

ALTERATION" OF SCHOOL-DISTRICTS. 

Sectiox 10. Whenever the town supervisors shall contemplate 
an alteration of the boundaries of a school-district, they shall give 
at least five days' notice in writing to the clerk of the district or 
districts to be affected thereby, stating in such notice the time and 
place, when and where, the}' will be present to hear and decide upon 
such proposed alteration; and it shall be the duty of such clerk or 
clerks, immediately to notify the other members o^ the board.* 

A district should, when practicable, embrace wealth and popula- 
tion sufficient to sustain a good school without resorting to bur- 
thensome taxation. The common desire for small districts should 
not be gratified at the expense of the welfare of the school. It is 
better that children should travel two or even three miles to attend 
a good school, than half a mile to attend a poor one. 

A written admission of service of the notice required by law, on 
the return of the person serving the notice, should be annexed to 
every order of alteration, and filed with it in the office of the town 
clerk, so that a complete history of the transaction may be pre- 
served. 

Great care should be exercised in giving the preliminary notices 
of alterations proposed, as the want of this may render the pro- 
ceedings of the supervisors illegal, and lead to an appeal. 

Sectiox ll.f In all cases where an alteration of the boundaries 
of a school-district shall be made, the town supervisors shall, within 
three days thereafter, give notice thereof by filing a copy of the 
order so altering the same with the town clerk, and with the clerk 
of the district or districts affected by such alteration; and no alter- 
ation of any school-district made without the consent of a majority 
of the district board, indorsed on such order, shall take effect until 
three months after notice given, as above specified, unless such al- 
teration is made in compliance with the order of the State Super- 
intendent of Public Instruction, given in the decision of an appeal 
regular]}' taken; nor shall any alteration of an organized district 
be made to take effect between the first day of December in any one 
year and the first da}^ of April following. 

Delay in giving the notice required in this section does not ren- 
der the previous action of the supervisors illegal, as it is merely 
matter of information of an act done ; nevertheless, the notice 
should be promptly given. 

Copies of all orders making alterations in joint districts must be 

*See form No. 8. f See chapter 108, general luwa 1868. See Form No. 9 .. 



12 

Med in the offices of the clerks of those towns of which the districts 
altered constitute a part, even though such alterations may not af- 
fect persons residing in all the towns where such copies are filed. 
If unoccupied territorj^ is taken from one district and attached to 
another in a different town, the order signed by a majority of the 
supervisors of each of the towns, must be recorded in both. Unless 
such record is made, the supervisors of one town are unable to know 
the boundaries of a joint district without consulting the records of 
another town in which they have no control. 

Usually the action of the supervisors will be based upon petition. 
but there is nothing in the law forbidding them to act without, 
when in their judgment the interests of education require it. It is 
their duty to make such alterations as will best promote the wel- 
fare of the public schools, even though not asked to do it. As a 
general rule, however, they will seek to consolidate rather than to 
divide districts, to make them as large as practicable, and to avoid 
joint districts, unless very necessary. 

The order of alteration is an official act. and must result from a 
resolution of a majority of the board, adopted at a meeting at which 
all are present, or of which all have been notified. A due sense of 
propriety, however, will lead a supervisor having a personal inter- 
est in any proposed alt^eration of a district to avoid acting in that 
cas«. It is bett-er that the other members of the board should de- 
cide it without his presence. At the same time it is not illegal for 
him to be present and vote, and proceedings cannot be set aside on 
appeal on this account. 

When a district is formed, wholly or in part, out of territory 
comprised in districts already organized, and the district board of 
any district from vvdiich a portion of the territory embraced in the 
new district is taken, refuse to consent to the alteration, the order 
*of the supervisors does not tak« effect till three months after it is 
issued, and iiiey are not obliged to deliver the notice to a taxable 
inhabitant, xCalling the first meeting of the voters of the new dis- 
trict, till twenty dajj's after said order takes effect ; but such notice 
may be given at anj^ time after the order is issued, provided that it 
does not call the meeting until the three months have expired, as 
■no action can be taken by the voters of the new district until the 
order of formation takes effect, for the reason that before that time 
there is no new district^ and the people and territory retain the same 



13 

condition and sustain the same relations that they did before the 
order forming the new district was issued. These remarks apply 
also to cases in which new districts are formed between the first 
day of December and the first day of April following. No action, 
can be taken for organization till #he time expires. 

DIVISION OF PROPERTY. 

Sectio^^ 12. When a new district is formed, in whole or in part 
from one or more districts possessed of a school-house or entitled to 
other propert}', the town supervisors, at the time of forming such 
new district, shall ascertain and determine the proportion of the 
value of the school-house and other property justly due to such new 
district. 

Section 13. Such proportion shall be ascertained and determined 
according to the value of the taxable property of tlie respective 
parts of such former district at the time of the division, by the 
best evidence Avithin the reach of the town supervisors; and such 
amount of an}^ debt due from the former district, which would have 
been a charge upon the new, had it remained in the former district, 
shall be deducted from such proportion. 

Sectiox 1-1. The supervisors shall certify to the district clerk of 
the district retaining the school-house or other property, the 
amount ascertained l>y them as the proportion to be paid to the 
new district, and such amount shall be embodied in the statement 
of taxes required by section sixty-two of this chapter to be made 
by the district clerk to the town clerk, on the first Monday in No- 
vember, in each year, and when collected shall be paid to the treas- 
urer of the new district, to be applied towards procuring a school- 
house for such district; and the money so paid to the new district 
shall be allowed to the credit of the taxable property taken from 
the former district in reduction of any tax that may be imposed on 
said taxable property in the new district for the building of a 
school-house; provided, that in case the new district shall have 
raised a tax and erected or provided for itself a school-house, before 
the former district shall have raised and paid over to the treasurer 
of the new district the amount in this section provided to be raised 
and paid over, it shall be the duty of the treasurer of the new dis- 
trict, ill whose hands said amount so paid over, may at any time 
remain, to pay over, on demand, the sum so paid him or his prede- 
cessor by the former district, to the individual to whose credit the 
same would have gone had said sum been raised and j^aid over by 
the former district before the said school-house was erected or pro- 
vided by the new district; and should such treasurer refuse, on de- 
maud by any party entitled thereto, to pay over to him his just pro- 
portion of said amount, the same ma}^ be collected in a suit at law 
by said party, upon the official bond of said treasurer.* 

* See form Xo. 10. 



14 

These t'hree sections have reference to cases in which 'new dis- 
tricts are formed from territory detatched from districts possessed 
«f a school-house or other property. When territory is taked from 
one district and attached to another, no claim will lie against the 
old district on account of properJiy. The gain is held to be equal 
to the loss in the transfer. 

By " property" is meant lands, tenements,'liereditaments, money, 
,goods, chattels, things in action and evidences of debt. 

The appraisal and award should be made at the time of the for- 
mation of the new district; but if this duty is neglected by the 
•supervisors, the claims growing out of their action may be collected 
at any time thereafter. 

No vote of the old district is required to raise the amount to 
which the new district becomes entitled to under the action con- 
templated by section twelve. This tax cannot be collected as a 
special district tax. 

In case the new district shall decide to build a school house and 
shall raise a tax for this purpose, the law provides that the amount 
paid by the old district, shall be paid to the persons liable to be 
taxed, residing in that part of the new district formerly belonging 
to the old, so as to equal the abatement that would have been made 
in the tax levied upon the property of such persons, had the tax 
contemplated by section fourteen, been raised and paid over, before 
the school-house tax for the new district was levied. 

The money raised by the old district and paid over according to 
law, must be exclusively applied to procuring a school-house for the 
new discrict. 

FORMATION" OF JOHSiT DISTRICTS. 

SECTiOiSr 15. Whenever it shall be necessary to form a new dis- 
trict fron;! two or more adjoining towns, the supervisors of such ad- 
joining towns shall meet together, and form such district, and de- 
liver the notice of formation to a taxable inhabitant of such district, 
whose duty it shall be to serve such notice as provided in the third 
section of this chapter; and any district so formed may be altered or 
regulated by the joint action of the supervisors of all the towns 
forming such district, in the same manner that other districts are 
altered and regulated. 

The law requires, in special terms, that the supervisors of all 
towns to be affected b}^ any contemplated action shall meet togeth- 



15 

er. This is necessary in order to secure the deliberation required. 
An order forming a joint district must be signed by a majorit}' of 
the supervisors of each of the towns in which any part of said dis- 
trict is situated. If a joint district is to be altered so as to form a 
new district, the order dissolving the old district must be signed by 
a majority of the supervisors of each of the towns affected, and the 
order forming the new district must also be signed by a majority of 
the supervisors of each town that contains a part of said new dis- 
trict. 

If it is more convenient to make the order of dissolution and of 
formation one and the same, it will be valid if it bears the signa- 
tures that each part of the work requires. The fact that a paper 
bears signatures not required does not invalidate it, if it has those 
which the law requires. The same rule applies to orders of ap- 
praisal of property, that holds in respect to orders of alteration. 
All notices of time and place of meeting to hear and determine up- 
on the alteration of joint districts must bear the signatures of a 
majority of the supervisors of each of the towns interested in the 
proposed alteration.* 

ALTERATIONS OF JOINT DISTRICTS IN" TILLAGES. 

(Chapter 82— General Laws of 1872.) 

Section 1. The count}' board of supervisors of the sevend coun- 
ties of this State are hereb}' authorized and empowered to alter the 
boundaries of any joint school-district in this State which is in 
part composed of an incorporated village, and the boundaries of 
which are fixed by the village charter; ^j/'or/r/fW, that no such alter- 
ation shall be made except on petition of not less than twentj-five 
of the legal voters resident in said joint district: and provided 
further, that no order shall be made by any count}' board changing 
the boundaries of any such joint district until notice of the time 
and place of hearing such petition shall have been published at 
least three weeks in a newspaper published iu said county, and if 
there be no newspaper published in such county, such notice shall 
be posted not less than three weeks in three conspicuous places in 
said joint district, and iipon such hearing, opportunity shall be 
given to all opposed to such proposed alteration, to be heard in op- 
position thereto. 

Section 2. An appeal may be taken by an}' three legal voters, 
resident in said joint district, to the State Superintendent of Public 
Instruction from any order of any county board altering the 
boundaries of any joint school-district under the provisions of this 
act. Such appeals shall be made, heard, and determined in the 

* See Forms Xos. 2, 3, 4, and 5. 



16 

same manner as appeals now made^ heard, and determined from 
school-district boards, and the decision of the State Superintendent 
upon such appeal shall be final. 

Section 3. All acts and parts of acts, ccnflicting with or in any 
manner contravening the provisions of this act, ai-e hereby re- 
pealed. 

The only case in which a county board will act in the alteration 
of the boundaries of a joint school-district, is when such district 
" is in part composed of an incorporated village," and where the 
boundaries of such district "are fixed by the village charter.'" This 
is the proper construction of the law. 

EXTINGUISHMENT OF DISTRICTS. 

Section 16.* Whenever any school-district shall, for two suc- 
cessive years, neglect to maintain a public school as required by 
law, it shall be the duty of the su}>ervisors of the town containing 
the district, to attach said district to such other adjoining district 
or districts in the toAvn as they shall judge proper, and if the dis- 
trict be a joint district, then the supervisors of the several towns 
embracing parts thereof shall dissolve such joint district, and im- 
mediately proceed to attach the several parts thereof to other dis- 
tricts in their respective towns, as hereinbefore provided. And 
whenever any district shall become extinguished by reason of the 
attachment of its territory to some other district or districts, the 
supervisors of the town or towns embracing such district shall take 
charge of the property belonging to the same, at the time of its 
extinguishment, dispose of the same by grant or otherwise, and ap- 
ply the proceeds to the discharge of its debts, paying over the re- 
mainder, if any, to the treasurer of the district to which the terri- 
tory has been attached, in proportion to the valuation of the prop- 
erty attached to each, as appears from the last assessment-roll of 
the town or towns. 

It will be seen from this section that it is the duty of the super- 
visors to extinguish such districts as fail to maintain a school for 
two years. The mere failure to elect ofiicers does not extinguish 
the district. Its organization may be restored by the action of the 
supervisors, as provided in section 4. The supervisors have power 
to extinguish a district, by attaching the territory to other districts,, 
although it may not fail to maintain a school, if they judge it ex- 
pedient. If two districts are consolidated, the public money which 
either may have in the hands of the town treasurer, or in the hands 
of its own treasurer, unexpended, becomes applicable to the pay- 

* See chapter 56, general laws 1873j and chapter 83, genera] laws 1874. 



17 

ment of teacher's wages in the consolidated district. If tliere is 
any money due to a teacher of either of the districts consolidated, 
it should be drawn before the order of consolidation takes effect. 

A district is extinguished only when its parts are attached to other 
districts so that no part of the original district remains. If any 
part of it remains as a distinct district, although its name and num- 
ber ma}' be changed, it is not extinguished in the sense contem- 
plated by law. (See remark at the close of the comment on sec- 
tion 7.) 

In case a joint district is extinguished, the supervisors of the 
towns in which the different parts of such district are situated, 
should unite in the sale of all the property, and in executing the 
deeds of the real estate. 

If the supervisors proceed to sell any property formerly belong- 
ing to a district that has become extinguished, they should require 
cash payment, and should give notice that a condition of the sale 
is the full payment within a limited number of hours — and that 
if such payment is not made, the propertj^ will be offered again 
for sale without further notice. All • conditions of sale should be 
mentioned in the posted notices. 

The supervisors are first to apply the proceeds of the sales to 
the payment of the debts of the district extinguished. These debts 
must be ascertained from the district board of such district, and 
no money should be paid except upon a written order of a major- 
ity of the district board. If debts are claimed which a majority 
of the district board will not admit, the amount thus claimed may 
be retained by the supervisors, until the legal proceedings com- 
menced for the collection of the same shall have been concluded. 

The last assessment-roll is that upon which a tax has been or 
may be legally raised, and should be made the basis for the appor- 
tionment of the balance of money remaining after all the debts of 
a extinguished district are paid. In case there is an unexpended tax 
found in the hands of the treasurer of the extinguished district, 
the equitable mode of distribution would seem to be to pay over to 
the treasurers of the district to which the territory has been at- 
tached, the proportionate amount contributed by such territory. 
If, however, there is found belonging to the extinguished district 
money derived from the town tax for schools, or from the income 
2 Code. 



18 

of tlie commo]i school fund, such money should be distributed to 
the districts iu proportion to the number of children over four and 
under twenty years of age, residing in the parts annexed to them 
respectively. 

Thou£fh the statute specifies no time within which the super- 
visors are required to dispose of the property of an extinguished 
district, there can be no valid reason for any longer delay than is 
necessary to ascertain the outstanding liabilities. If pending liti- 
gation puts it out of their power to act immediately, they should 
improve the earliest favorable opportunity to settle the affairs of 
the district. 

ANNUAL SCHOOL MEETING. 

Section IT. The annual meeting of each school-district shall be 
held on the last Monday of September in each year. The hour of 
such meeting shall be seven o'clock in the afternoon, unless other- 
wise provided by a vote of the district, duly recorded, at the last 
previous annual meeting; provided, that at any annual meeting of 
a school-district, held after the passage of this act, a majority 
of the electors present may determine that the annual meeting of 
such district be held on the last Monday of August, in each year, 
said determination to take effect when a copy of the proceedings of 
said annual meeting in reference to such change shall have been 
filed with the town clerk of the town in which said district, or (in 
case of a joint district,) in which the school-house of such district 
is situated, and to remain in force until rescinded by a vote of a 
Diajority of the electors of said district, present at a legal meeting; 
the meeting held in pursuance of such determination to be deemed 
the legal annual meeting of said district, the same as if held on the 
last Monday of September, in each year. 

By vote of the district at any annual meeting, the day for hold- 
ing said meeting may be changed from the last Monda}- of Septem- 
ber to the last Monday of August. It is desirable that this change 
should be made, in order that the report of the clerk and treasurer 
may be laid before the people previously to the time for making 
the annual report to the town clerk. The change cannot take ef- 
fect until a copy of the proceedings is filed as directed. To take 
the vote merely to change, is not enough. Trouble is very likely 
±0 arise if the filing is neglected. 

The hour of meeting may be changed by a vote of the district at 
an annual meeting, but such vote can bear only on the next ensu- 
ing annual meeting. If no other hour is determined by vote, seven 
o'clock iu the after;ioon is the hour fixed by lavf. 



19 

ANNUAL MEFJTIXa IN DISTRICTS HAVING GRADED SCHOOLS. 

Chapter 23, of the general h^w.s of 1868, as amended by chapter 
6, of the general laws of 1869, provides as follows: 

" Section 1. The annual meeting of all school-districts in which 
graded schools of two or more departments are taught, shall be held 
on the second Monday of July in each year, at seven o'clock in the 
afternoon. 

'■ Section 2. It shall be the duty of the district clerk of any 
school-di*trict in which such graded school is taught, to give not 
less than ten days notice of the time and place of holding such 
annual meeting, but the neglect of the clerk to give such notice 
shall not invalidate the acts of any annual meeting held under the 
provisions of this act." 

LEGALITY OF ANNUAL MEETING. 

Section 18. No annual meeting shall be deemed illegal for want 
of due notice, unless it shall appear that the omission to give such 
notice was willful and fraudulent. 

Every precaution should be taken to insure a proper notice, and 
an omission to do so resulting from carelessness or ignorance is, in 
a certain sense, fraudulent. Action of an annual meeting held 
without due notice is looked upon with suspicion, and the^Super- 
indent of Public Instruction will not hesitate to sustain an appeal 
taken from such action, Avhen it is made to appear that no proper 
opportunity has been afforded the people of a district to express 
their will. 

POWERS OF A district AT A SCHOOL MEETING. 

Section 19.* The inhabitants qualified by a law to vote at a 
school distaict meeting, when assembled at the first and each annual 
meeting in their district, shall have power — 

First. To appoint a chairman for the time being. 

Second. To adjourn from time to time as occasion may require. 

Third. To choose a- director, treasurer, and clerk. 

Fourth. To designate a site for a district school-house. 

Fifth. To vote such a tax on the taxable property of the district 
as the meeting shall deem sufficient to purchase or lease a suitable 
site for a school-house, to build, hire or, purchase a school-house, and 
to keep in repair and furnish the same with the necessary fuel and 
appendages; jirorided, that no district containing a jiopulation of 
less than tv/o hundred and fifty inhabitants sliall have power to levy 
and collect a tax for building, hiring, or purchasing a school-house, 

*See chapter 339, general laws 1875, and chapter 91, general laws 1876. 



20 

of more than six hiindred dollars in any one year, unless the super- 
visors of the town in which such school-house is to be situated, 
shall certify in writing that, in their opinion, a larger sum should 
be raised, and shall specify such sum, in which case an amount not 
exceeding the sum specified may be [raised; lorovided fwthe)\ that 
no district containing a population of less than one thousand inhab- 
itants, shall have power to raise and collect in an}^ one year, for the 
purposes above specified, more than one thousand dollars, unless 
the supervisors shall certify as above set forth. 

SixthJ^ To vote a tax on the taxable property of the district, of 
such sum as the meeting shall deem proper for the payment of 
teachers' wages in the district; provided, that no district contain- 
ing a population of less than two hundred and fifty inhabitants 
shall have power to levy and collect a tax for school-purposes other 
than for the purposes prescribed in the filth subdivision of this sec- 
tion, in such district of more than five hundred dollars in any one 
year; and provided further , that in case any district shall not at its 
annual meeting or at a special meeting held subsequent to the an- 
nual meeting and prior to the third Monday of November, vote a 
tax sufficient to maintain a school in said district the ensuing year 
for the term of five months, then the district board shall have 
power, and it shall be their duty to estimate and determine the sum 
necessary to be raised to maintain such school, and the district 
clerk shall certify to the town clerk the amount thus determined 
upon, who shall assess the same as other district taxes are assessed; 
and provided further, that in all school-districts having an average 
attendance at school for the year of fifteen scholars or less, not 
more than three hundred and fifty dollars shall be raised in any 
one j^ear for teachers' wages; in all school-districts having an ave- 
rage attendance of not more than thirty nor less than fifteen schol- 
ars, not more than four hundred and fifty dollars shall be raised in 
any one year for teachers' wages. And in all school-districts hav- 
ing an average attendance of not more than forty nor less than 
thirty scholars, not more than five hundred and fifty dollars shall 
be raised in any one j^ear for teachers' wages. If, when a district 
shall have failed to vote a tax for school-purposes, any district 
board shall wilfully refuse or neglect to estimate and determine a 
sum sufficient to maintain a school for five months, as aforesaid, 
each member of the board thus refusing or neglecting, shall be 
deemed guilty of a misdemeanor, and shall be liable to a penalty of 
not less than fifty nor more than one hundred dollars, or to im- 
prisonment in the county jail not less than one month nor more 
than three mouths; and when any district-board shall have esti- 
mated and determined the sum necessary to maintain a school for 
five months the ensuing year, any district clerk who shall wilfully 
refuse or neglect to certify such sum to the town clerk in time to 
have the same embodied in the assessment-roll for that year, shall 
be deemed guilty of a misdemeanor and shall be liable to a penalty 
of not more than one hundred dollars nor less than fifty dollars. 

* See chapter 162, general laws 1868, and chapter 339, general laws 1875. 



21 

Seventh. To authorize and direct the sale of any school-house, 
site, or other property belonging to the district, when the same 
shall be no longer needed for the use of the district. 

EigJitli. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district, lawfully incurred. 

Ninth. To vote a tax not exceeding seventy-five dollars in any 
one .year, for the purchase of maps, blackboards, and apparatus for 
illustrating the natural sciences. 

Tenth. To vote a tax on the district, not exceeding one hundred 
dollars in an}' one year, for a district librar}^ consisting of such 
books as they may direct their district board, at a district meeting, 
to purchase; said books to be selected under the advice of the State 
Superintendent of Public Instruction; provided, that any school- 
district having less than two hundred children of school-age, shall 
not vote a tax on the district exceeding fifty dollars in any one 
year for such library. 

Eleventh. To authorize the district board to admit to the pi'ivi- 
leges of the school, persons over twenty year 5 of age, and persons 
not residing in the district, whenever such admission will not in- 
terfere with the accommodation or instruction of the scholars resid- 
ing therein, and to fix a fee for tuition per terra, quarter, or year, 
to be charged to the persons thus admitted. 

Twelfth. To determine the length of time a school shall be taught 
in their district the then ensuing year, which shall not be less 
than five months, and whether such school shall be taught by a male 
or female teacher, or both, and whether the school-moneys to which 
the district is entitled from the income of the school-fund, and from 
the town, shall be applied to the support of the summer or winter 
school, or a certain portion to each; but if such matters shall not 
l)e determined at the annual meeting, the district board shall deter- 
mine the same. 

Thirteenth. To give such direction and make such provision as 
may be deemed riecessar^^ in relation to the prosecution or defense 
of any action or proceeding in which the district may be a party, 
or may be interested. 

Fourteenth. To alter, repeal, and modify their proceedings, as oc- 
casion may require. 

The foregoing section shall not be construed to authorize or re- 
quire the district board of any school-district to estimate and de- 
termine the amount necessary to maintain a school in their district 
where a special provision is made by law for the support of a pub- 
lic school or schools in such district. 

For qualifications of voters at a school-district meeting, see sec- 
tion 8 and reuuirks thereon. 

The law does not determine the number necessary to constitute 
a quorum for the transaction of business. The action of a meet- 
ing, due notice of which has been given, and the proceedings of 



22 

which are regular, will be sustained, though only a small minority 
of the voters of the district may be present. When, on account 
of extraordinary circumstances, the attendance is very small, cour- 
tes}', as well as the consideration of the best interests of the dis- 
trict, demand an adjournment for a week or more. 

Attendance upon the school-meetings of the district is among 
the most important of i5ublic duties, and a sincere desire to pro- 
mote harmony of feeling and concert of action should manifest 
itself in the order, regularity, and courtesy v*^ith which the proceed- 
ings are conducted. Every consistent effort should be made to af- 
ford an opportunity for the expression of the will of a majority of 
the voters of the district. 

The action of the meeting is determined by a majority of those 
present and voting. The rule of common-law is, '' whenever elec- 
tors are present, and do not vote at all, thej'' virtually acquiesce in 
the election made by those who do." (2 Burr, 1021.) Those who 
are present but silent, must be held to assent to what the others do 
in carrying out the legal purposes of the meeting. 

In the exposition of this important section, defining the powers 
of a district, such comments as seem necessary are placed under 
each sub-section. The electors assembled in annual meeting have 
power then: 

First. To appoint a chairman for the time being. 

Some person Avill call the meeting to order, nominate a chair- 
man, put the question, and declare the result. If the director be 
present, it will be proper for him to perform this duty, though any 
elector is competent to act. The person elected chairman will at 
once take the chair, and if the district clerk be absent, the chair- 
man will announce the fact, and ask that a clerk may be appointed 
^yro tern. The person appointed chairman is not deprived of his 
right to vote on any question submitted to the meeting. He may 
give a casting vote in case of a tie, or he may vote with the minor- 
ity, when there is otherwise a majority of one in favor of any reso- 
lution, and thus make it a tie vote, which defeats the resolution; 
or he may vote upon a call of the yeas and nays when his name is 
reached. He can, however, cast but one vote upon the question. 
The chairman must put to vote every motion or resolution that 
is seconded, unless he deems such motion or resolution to be out of 



23 

order, and so declares. If the person making the motion regards 
the decision of the chairman erroneous, it is his right to appeal to 
the meeting from such decision, and, if the appeal is seconded, is 
the duty of the chairman to put the question, " Shall the decision 
of the chair be sustained?" In case the meeting refuses to sustain 
the decision, it is the duty of the chairman to put the original 
question; a refusal to do so is disorderly, and the meeting has 
power to select another person for chairman, who will conform to 
the decision. The motion for this purpose may be put by the clerk, 
and the result should be declared by him. There is no code of rules 
for regulating the proceedings of district meetings, and hence that 
must be held to be legal to which a majority consents. The office 
of chairman is to aid in ascertaining the will of the majority of the 
meeting. In case the action of the meeting is illegal, the remedy is 
by appeal, but a mere want of observance of technical parliamentary 
rules is not a sufficient reason for taking an appeal, nor will an 
appeal probabh' be sustained on this ground. 

Second. To adjourn from time to time as occasion may require. 

A motion to adjourn takes precedence of all others. A motion 
to adjourn indefinitely takes precedence of a motion to adjourn to 
a day fixed. If the first fails to carry, the question will then be 
put upon the second. If a majority are in favor of adjourning, 
they cannot withdraw from the meeting until the question^ of ad- 
journment has been put and declared carried by the chairman, 
without leaving the minority in possession of all the powers of the 
district. A motion to adjourn cannot be received after another 
question is actually put to vote, and while the meeting is engaged 
in voting upon it, but in such case the vote must be concludedi 
and the result announced by the chairman. If the meeting ad- 
journs indefinitely, all questions pending are discontinued, and 
they can be renewed only upon a fresh proposition; but if the ad- 
journment is to a specified time, it is only a continuance of the 
session; and the questions are to be taken up at the point they were 
left. The statute, however, (see section 20,) provides, that in case 
of adjournment for a longer period than one month, notice shall 
be given of the time and place of holding the adjourned meeting, 
by posting written notices therefor in four or more public iDlaces 
in the district, one of which notices shall be fixed to the outer door 



24 

of the school -house, if there be one in the district; said notice to 
be given at least six days previous to the time to which the meet- 
ing adjourned. 

Third. To choose a director, treasurer, and clerk. 

It is desirable, however, that the proceedings of the preceding 
annual meeting should be read, also the minutes of special meet- 
ings held during the year, before the meeting proceed to elect 
officers. The reports of district oflicers should also be presented, 
and refered to a committee for examination, with instructions to 
report at some later stage of proceedings. The report should be 
in writing, and should be carefully examined by the committee, or 
by the meeting if convenient. All school-officers should be held 
to a strict accountability for the faithful performance of their du- 
ties, and the financial statements submitted should be accompanied 
with vouchers for all money expended. Reports of officers should 
be spread upon the records, as papers that are merely filed are often 
lost. 

Election ot officers should alwa^^s be by ballot, though this method 
is not absolutely required by statute. One officer must be elected 
each year in the order named; clerk, treasurer, director. If a va- 
cancy has occurred during the year past, which has been filled 
by the districtpjoard, or by the town clerk under the provisions of 
section fift}^ such appointment does not hold more than ten days 
after the annual meeting, and it is the duty of the district meeting 
to elect a person to fill such vacancy. The person thus elected will 
serve out the unexpired term, whether the same be one or two 
years. It will thus sometimes happen that more than one district 
officer is to be elected at an annual meeting. 

It is desirable that an informal ballot should precede the forma^ 
ballot. A person who is present at a district meeting, when 
elected to a district office, will be deemed to have accepted the 
same, unless he declares his refusal, so that if the meeting chooses 
to excuse him, a new election may be had. 

An adjourned session cannot oust an officer elected. It is im- 
portant that the electors consummate an election, as, if they do 
not, the vacancies must be filled by appointment, which may prove 
less satisfactory. 

It should be noted here that no district officer can be elected at 



25 

an adjourned session of the annual meeting, if such session is held 
more than ten days after the time fixed for the annual meeting. 
The power to elect does not extend beyond the ten days, and if 
no election has taken place, the vacancy must be filled by appoint- 
ment. 

If a vacancy exists at an annual meeting, from any other cause 
than the expiration of the incumbent's term, it is advisable that a 
resolution should be passed declaring that such vacancy exists, and 
stating the ground on Avhich the meeting regards the ofiice vacant. 
It is for the meeting to judge in the first instance whether a vacan- 
cy exists, and although it may err in so declaring, the officer elected 
will be deemed an officer de facto, and his acts in relation to the 
public and third persons deemed valid, until his election is pro- 
nounced void by competent authority. 

Fourth. To designate a site for a district school-house. 

The site selected should contain at least one acre, and should be 
as central as circumstances will permit. The future needs as well 
as the present condition of the district should be considered, how- 
ever, and hence it may not be good policy to locate the site near 
the present center of population. The surroundings should also be 
taken into consideration. It is more important that the location 
should be salubrious, quiet, and pleasant, than that it should be 
central or convenient of access. The vicinity of stores, taverns, 
mills, etc., is undesirable. A dry and sheltered spot should be 
chosen, but not too far from all inhabitants. 

In designating the site it should be so definitely described that 
it can be laid out without reference to any other document than 
the resolution locating it. The people of the district cannot del- 
egate power to the district board to designate the site, although 
they or a committee may be authorized and directed to make the 
necessary examination as to location, price, and title. The action 
of the meeting is. however, required to legally fix its location. Af- 
ter a site has been designated, it does not become established until 
a title has been acquired, or the district board has made a contract, 
binding upon the district for its purchase. The town board has 
no power to designate the site at the time of forming a new district. 

Fifth. To vote such a tax no the taxable property of the district 
as the meeting shall deem sufficient to purchase or lease a suitable 



26 

site for a school-house; to build, hire, or purchase a school-house, 
and to keep in repair and furnish the same with the necessary fuel 
and appendages; provided, that no district containing a population 
of less than two hundred and fifty inhabitants shall have power to 
levy and collect a tax for building, hiring, or purchasing a school- 
house, of more than six hundred dollars in any one year, unless the 
supervisors of the town in which such school-house is to be situated 
shall certify in writing that in their opinion a larger sum should 
be raised, and shall specify such sum, in which case an amount 
not exceeding the sum specified may be raised; provided further, 
that no district containing a population of less than one thousand 
inhabitants, shall have power to raise and collect in any one year, 
for the purposes above specified, more than one thousand dollars, 
unless the supervisors shall certify as above set forth. 

The electors may vote such a tax as they " deem sufficient," sub- 
ject to the conditions imposed by law, and with the consent of the 
supervisors of the town, 'previously obtained, they may vote any 
sum not exceeding that approved by these officers. If the district 
contains a population of one thousand, or upward, it may raise 
more than $1,000 without first obtaining the consent of the super- 
visors. It is quite proper, but not necessary, to designate a site 
before voting a tax to build the school-house; neither is it necessa- 
ry that the site should be designated before levying a tax to pay 
for the same. If the tax deemed sufficient is afterwards found to 
be too small, an additional tax may be voted, and, if too much is 
raised, the electors may appropriate the same to any object for 
which they can legally raise a tax. The expense of investigating 
the title and of recording the deed may legally be included in the 
tax for a site. Although the law authorizes the leasing of a site, it 
does not permit the district to contract a permanent debt for future 
rent. Land, for a site, is sometimes held under a lease granting it 
for a consideration, paid in advance, for so long a time as the same 
shall be used fo*r the purpose of a public school. It is always ad- 
visable that the district should obtain an indefeasible estate, in fee 
simple, if possible. 

Sections 78 to 85 prescribe the course to be pursued, when the 
district is unable to obtain the school-house site selected or desig- 
nated by a majority of the electors thereof present at a regular 
meeting, on account of the refusal of the owner to sell or lease the 
same, or on account of the owner being a non-resident. 

In regard to the right of the district to the school-house, at the 



27 

expiration of the term for which the land upon which it is situ- 
ate, is held, the law, as stated by Judge Harris, (7 Barb., N. Y. R., 
266.) is as follows: " Any one who has a temporary interest in land, 
and who makes additions to it or improvements upon it, for the 
purpose of the better use or enjoyment of it, Avhile such temporary 
interest contiuues, may, at any time before his right of enjoyment 
ceases, rightfully remove such additions and improvements. If he 
omit to sever the addition or improvement until his right of en- 
joyment ceases, such an omission is to be deemed an abandon- 
ment of his right, and thereafter the addition he has made be- 
comes, to all intents, a part of the inheritance, and the tenant, as 
well as any other person who severs it, becomes a trespasser." 

Although a tax may be levied before a title has been acquired' 
yet the district board should not part with the money before a con- 
veyance of the site has V>een made. 

A question sometimes arises in regard to incumbrance in case 
of mortgage. The sum voted to purchase a site is held to be all 
that the district can at any time be called upon to pay for it; and 
hence the title should be free from incumbrance, unless it was 
expressly understood at the meeting voting the tax that the site 
was to be purchased subject to the incumbrance resting upon it. 
When a site is purchased which constitutes a part of a mortgaged 
tract, the rale of law is that the remaining property of the 
mortgagor shall first be sold, and if that is not sufficient to satisfy 
the mortgage, then of the remainder that which is conveyed latest 
is to be sold first. It is always better to obtain a clear title, and a 
district board is not justified in purchasing a site, or in contracting 
for building upon it, if said site is incumbered, without an express 
vote authorizing them to do so. 

The question sometimes arises as to the legality of connecting 
the school-house with other erections made for different purposes, 
and under other control than that of the district board. This 
department has held that a tax cannot be voted for building a 
house for joint use as an academy and school-house, or a church 
and school-house, and that any partnership which does not secure 
to the district board the complete control of the house for school- 
purposes, is illegal. In the case of Tracy vs. Talbot, (6 Mad. R., 
214.) Judge Holt held that, " If a house originally entire, be divided 
into several apartments, with an outer door to each apartment^ 



and no communication with each other, the several apartments 
shall be rated as distinct mansion-houses.'" The supreme court of 
Massachusetts held, in case of Greorge ys. School-District Mendon, 
(6 Mete, 510,) as follows: " If, under color of this corporate power 
of a school-district, the inhabitants should vote to erect an expen- 
sive and ornamental building, with a view to improve theneighbor- 
hoad, to enhance the value of the real estate, to accommodate so- 
cieties, lecturers, dramatic exhibitions, or even to have a convenient 
place for religious meetings or public worship, or for any other use 
than that of a district town school, it would not be within the 
legitimate authority of a school-district, and any vote to levy a tax 
on the inhabitants for such a purpose would be void." 

There may be distinct tenements under the same roof and; tene- 
ments are as essentially distinct when one is under the other, as 
when one is by the side of the other. (1 Mete, 541.) 

It is desirable that every district should own a good school- 
house, and that it should be entirely separate from other buildings; 
still, it sometimes I happens that economy demands a co-operation 
between the district and some other association in erecting two 
houses under the same roof. Such an arrangement is held to be 
legal, provided the district secures by proper legal covenants: 
First, The complete and undivided control of the school-rooms at 
all times, and of all doors and passages affording egress and ingress 
thereto. Second, That the other rooms of the building shall not 
be used at any time during school-hours for an assemblage or pur- 
pose w^hich can distract the attention of the pupils, or interfere, by 
noise or otherwise, with their instruction.. Third, That the parties 
using or owning the other rooms shall pay the whole or some de- 
finite part of the expenses of such repairs upon those rooms, or the 
roof or other parts of the building, as the district shall deem neces- 
sary. Fourth, That the parties owning the other parts of the 
building shall pay a proper proportion of the amount necessary to 
keep the whole properly insured. 

The best method of protecting the interests of the district is for 
the board to lease the rooms on the foregoing conditions, and such 
other as are proper. The lease should provide for its own termi- 
nation on any breach of its conditions, and should contain an ex- 
press provision that whenever a district meeting shall determine 
that the residue of the building is needed for school-purposes, the 



29 

same shall become the property of the district upon the pa3'ment 
of the appraised value of the labor and materials used in its con- 
struction. 

A district meeting may vote a tax for a fence, sidewalks, separate 
privies for the two sexes, wood-house, stoves, stovepipe, and bell, as 
these are held to be necessary appendages. 

Money may also be raised to pa}' for the insurance of the school- 
house. This must be a definite sum. The school-house cannot be 
insured in those companies that require a note for part of the pre- 
mium, for the district board cannot bind the district to pay a note 
drawn b}' them for such a purpose. All taxes voted must be for 
specific and legal objects. Money cannot be raised for contingent 
expenses, nor for ar)-earar/esgeiien\\\y. The specific amount raised 
for each of the several objects for which the tax is levied, should be 
stated in the resolution passed by the meeting, in order that the 
district and the board may know the precise extent of their liabil- 
ity and authority. 

A district has power to vote a tax to enlarge a school-house, 
notwithstanding it may have cost all that said districf. is by law au- 
thorized to raise in any one year, and the tax for such enlarge- 
ment does not require the consent of the town supervisors thereto. 
The amount received from the sale of the old school-house may be 
added to the amount authorized by law to be raised for building in 
any one year, and expended for the new building. 

6'aY/h* To vote a tax on the taxable property of the district, 
of such sum as the meeting shall deem proper for the payment of 
teachers' wages in the district; pro ride d, that no district contain- 
ing a population of less than two hundred and fifty inhabitants, 
shall have power to levy and collect a tax for school-purposes, other 
than for the purposes prescribed in the fifth subdivision of this sec- 
tion, in such district, of more than five hundred dollars in any one 
year; and provided further, t\\at in case any district shall not at 
its annual meeting, or at a special meeting held subsequent to the 
annual meeting and prior to the third Monday of November, vote 
a tax sufficient to maintain a school in said district the ensuing 
year for the term of five months, then the district board shall have 
power, and it shall be their duty to estimate and determine the 
sum necessar}^ to be raised to maintain such school; and the district 
clerk shall certify to the town clerk the amount thus determined 
upon, who shall assess the same as other district taxes are assessed; 
and, provided further, that in all school-districts having an average 

* See forms Xos. 11 and 12. 



30 

attendance at school for the year of fifteen scholars or less, not 
more than three hundred and fifty dollars shall be raised in any one 
year tor teachers' wages; in all school-districts having an average 
attendance of not more than thirty nor less than fifteen scholars, 
not more than four hundred and fifty dollars shall be raised in any 
one year for teachers' wages. And in all school-districts having an 
average attendance of not more than forty nor less than thirty 
scholars, not more than five hundred and fifty dollars shall be raised 
■ in any one year for teachers' wages. If when a district shall have 
failed to vote a tax for school-purposes, any district board shall wil- 
fully refuse or neglect to estimate and determine a sum sufficient to 
maintain a school for five months, as aforesaid, each member of the 
board thus refusing or neglecting shall be deemed guilty of a mis- 
demeanor, and shall be liable to a penalty of not less than fifty nor 
more than one hundred dollars, or to imprisonment in the county 
jail, not less than one month nor more than three months. And 
when any district board shall have estimated and determined the 
sum necessary to maintain a school for five months, the ensuing 
year, any district clerk who shall wilfully refuse or neglect to cer- 
tify such sum to the town clerk in time to have the same embodied 
in the assessment-roll for that year, shall be deemed guilty of a 
misdemeanor, and shall be liable to a penalty of not more than one 
hundred dollars nor less than fifty dollars. 

The law as it now stands makes the amount that may be raised 
in any district for teachers' wages to depend upon the population 
of the district. 

The income of the school-fund annually apportioned to the dif- 
ferent districts on the basis of population over four and under 
twenty years of age, together with the amount which is received 
by the districts from the tax levied by the county supervisors, 
must be appropriated to the payment of teachers' wages, and the 
balance is to be raised by town or district tax. A tax cannot legall}^ 
be levied to pay a person for services as teacher who did not hold 
a certificate of qualification at the time such services were render- 
ed; nor can any public money be paid to a person for services as a 
teacher, who is not qualified according to law. 

While the law has restrained districts, on the one hand, from 
voting excessive taxes, it has also provided a security against the 
parsimony or negligence that would sometimes fail to open schools 
at all, or that would open them for an insufficient period. Five 
months school in each year is the smallest amcmnt that entitles a 
district to share in the income of the school-fund. Not to provide 
for at least this amount, is a wrong to the children deprived, and 
an injury to the public good. The district board are therefore 



31 

charged with the duty, under penalty for its neglect, of making 
this provision, if it is not done by the district. (See the provision 
at the end of this section.) 

ScvcntJi. To authorize and direct the sale of an}- school-house, 
site, or other property belonging to the district, when the same 
.shall be no longer needed for the use of the district. 

The restriction here imposed upon the sale of district property is 
important. It must no longer be needed for the use of the dis- 
trict. The district must act through the district board, as the 
board alone is competent to make contracts "binding upon the 
district. If any credit is to be given upon the sale of district prop- 
erty, the people at the district meeting should, by resolution, spec- 
ify the exact terms thereof, and should fix the lowest price to be 
accepted. The district board are responsible to the district for the 
exercise of the same care that a prudent man would take in man- 
aging his own affairs. 

Eighth. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

By section one hundred and fourteen a school-district is author- 
ized to make a loan of monej' to aid in the erection of a school- 
house, if a majoritij of all the ler/al voters in the district shall vote 
in favor of the loan. The loan can usually be more conveniently 
paid by installments. Although the inhabitants of a district may, 
by resolution, declare their intention to raise a certain amount an- 
nually for two or more years, yet the action of the meeting is lim- 
ited to one of the installments, and it requires the action of the 
district at a subsequent meeting to raise another installment. Mon- 
ey, under authority of section one hundred and fourteen, cannot be 
loaned for any other purpose than " to aid in the erection of a school- 
house." 

Ninth. To vote a tax not exceeding seventj^-five dollars m any 
one year, for the purchase of maps, blackboards, and apparatus for 
illustrating the natural sciences. 

Maps are necessary to teaching geography, for the principal facts 
are learned more readily by the eye than in any other manner. 
Every school-room should be furnished with a map of the world, 
of the United States, and of this State; and of the county in which 



32 

the school-house is situated. A globe is also desirable. Black- 
boards should extend around the school-room, that is, should oc- 
cupy all the space not taken by doors and windows, to a height of 
seven feet from the floor, the lower edge of the blackboard being 
about two feet nine inches from the base-board. Charts are now 
easily obtained for teaching, reading, penmanship, and other 
branches, and the cost is much more than made up in the increase 
of interest among the pupils, and the greater facilities for the 
teacher. Scliool-boards shorild acquaint themselves with the cost 
and the use of the more simple and important kinds of apparatus, 
and lay the matter before the district at each annual meeting. If 
the district votes no tax for apparatus, the board may nevertheless 
purchase. (See section 48.) 

Tenth. To vote a tax on the district, not exceeding one hundred 
dollars in any one year, for a district librar}^ consisting of such 
books as they may direct their district board, at a district meeting, 
to purchase; said books to be selected under the advice of the State 
Superintendent of Public Instruction; j^rorided, that any school- 
district having less than two hundred children of school-age, shall 
not vote a tax on the district exceeding fifty dollars in any one 
year for such library. 

This is an important provision if wisely carried out. B}' judi- 
cious action, a valuable library ma}^ be secured for each school- 
district; but unless the money raised is placed in the hands of dis- 
creet and competent men to expend, the books obtained will be of 
no permanent benefit to the people. 

Eleventh. To authorize the district board to admit to the privi- 
leges of the school, persons over twenty years of age, and persons 
not residing in the district, whenever such admission will not inter- 
fere with the accommodation or instruction of the scholars resid- 
ing therein, and to fix a fee for tuition per term, quarter or year, to 
be charged to the persons thus admitted. 

The vote of the district is to authorize the board to admit the 
persons mentioned into the school. The consent of the board 
should always be signified in writing, and should not be given 
until the tuition fee has been paid to the district treasurer. N^o 
teacher should admit a non-resident pupil into his school without 
express authority conveyed in writing. It is sometimes difficult 
for the district board to determine the liability of inhabitants for 
the tuition of persons in their emplo}'ment or under their protec- 



33 

tion. The ^-eneral rule is, that every head of a household must be 
supposed to direct the conduct of its members, and that he vol- 
untarily assumes the legal responsibility growing out of their at- 
tendance upon school. This presumption does not, however, always 
apply. Crowding into a district in Avhich a superior school is 
maintained, to enjoy its advantages free of cost, under plea of hav- 
ing residence as an employee in a family, is an abuse that some- 
times needs be corrected. 

The tuition fee may with propriety be made merely nominal, 
howevei', to such persons as are residents of other districts, but 
who are tax-payers in the district where they desire to send to 
school, pyorided their distance be such as to preclude the possibil- 
ity of their being attached to the district. 

The question of residence settles the question of right to free 
tuition in any school. 

The residence of the child is with the parent or guardian, un- 
less by indenture or otherwise the parent or guardian gives over to 
another the right to control the child, so that in law he is not en- 
titled to his earnings, or responsible for his acts. 

An orphan w^ithout guardian, takes his residence with him 
wherever he goes. 

The district board has no authority to admit non-resident chil- 
dren into the school contrary to the vote of the district, nor has it 
authority to exclude them after a vote of the inhabitants to admit 
them. It is the duty of the board, in this matter, to carry into ef- 
fect the instructions of the distiict. 

Twelfth. To deternnne the length of time a school shall be 
taught in their district the then ensuing year, Avhich shall not be 
less than five months, and whether such school shall be taught by a 
male or female teacher, or both, and whether the school-moneys to 
which the district is entitled from the income of the school-fund, 
and from the town, shall be applied to the support of the summer 
or winter school, or a certain portion to each; but if such matters 
shall not be determined at the annual meeting, the district board 
shall determe the same. 

The number of da3's during which a school must be taught to 

meet the requirements of the law in regard to the apportionment 

of school money is one hundred, and this number includes legal 

holidays, viz., New Year's day, the twenty-second of February, 

3 Code 



34 

the fourth of July, the day of general (or fall) election, and Christ- 
mas, together with days of fasting or thanksgiving appointed by 
State or national authority. If the matters enumerated in the 
twelfth sub-section are not determined by the annual meeting, the 
district board must determine the same; but the inhabitants, at a 
special district meeting, are authorized by section 21 " to transact 
the same business as at the first and each annual meeting, except 
the election of officers." When the district has determined the 
length of the school, (being not less than five months,) the sex of 
the teacher or teachers, and the application to be made of the 
school-moneys, the board have no discretion, but must carry out 
the vote of the district. In case they find it impracticable to do 
so, th« remedy is a special meeting, to give further instructions. 

Thirteenth. To give such direction and make such provision as 
may be deemed necessary in relation to the prosecution or defense 
of any action or proceeding in which the district may be a party, 
or may be interested. 

The district may appoint any suitable person to represent them 
in a suit; but in the absence of such appointment, the director is 
constituted the representative of the district in all suits. (See sec- 
tion 33, and the comment thereon.) 

Fourteenth. To alter, repeal, and modify their proceedings, as oc- 
casion may require. 

The power to repeal proceedings cannot be exercised after they 
have been carried into effect, so that rights have been acquired un- 
der them. When the district board has made a contract under 
authority of the district, the repeal of the resolution authorizing 
such contract will not rescind the contract. The district can mod- 
ify or repeal the contract only after securing a release of damages 
from all the parties who have acquired any rights of action. 

A district can repeal a resolution to raise a tax, at any time be- 
fore the warrant to collect the tax is handed to the collector, but 
this power cannot be exercised after part of the tax has been col- 
lected. (Gale vs. Mead, 4 Hill. Smith vs. Dillingham, 4 Bar- 
bour.) It is advisable that resolutions should be repealed in ex- 
press terms, when such is the intention, and not by implication. 

When a resolution is to be repealed at the meeting at which it 
was passed, it is usually done by a motion to reconsider. The 



35 

general rule is that a motion to reconsider can only be made by 
a person Avho voted with the majority on the question the recon- 
sideration of which is proposed; and this rule is a proper one for 
the chairman of the meeting to observe; bnt, if on appeal from the 
decision of the chairman, a majority of the meeting choose to dis- 
regard the rule, it may be set aside. The usual rules governing 
legislative bodies are not binding upon district meetings, unless 
such meetings adopt such rules. Any resolution directly or neces- 
essarily repugnant to a previous one repeals it; and the rule, as 
laid down, (3 Howard. U. S. R., 636,) is that if a subsequent statute 
be not repugnant in all its provisions to a prior one, j^et if the lat- 
ter statute was clearly intended to prescribe the oulj' rule that should 
govern in the cases provided for, it repeals the prior one. 

The repeal of a repealing statute does not revive the original en- 
actment. 

OflBcers elected at an annual meeting cannot be displaced by 
reconsidering or rescinding former proceedings at an adjourned 
meeting. When an election has been held in due form, the elec- 
tive power of the district is exhausted, and the officers chosen at 
the annual meeting are the legal officers of the district, until by 
death, resignation, removal from the district, expiration of term, 
refusal to serve or removal from office, a vacancy occurs proper ta 
be filled by election or appointment. And when a person enti- 
tled to hold office has been elected, and has not refused to serve, 
there is no power to take it from him, or debar him from assuming 
its duties. 

The foregoing section shall not be construed to authorize or re- 
quire the district board of any school-district to estimate and deter- 
mine the amount necessar}^ to maintain a school in their district ■ 
where a special provision is made by law for the support of a public 
school or schools in such district. (Sec. 2, chap, 339, gen. laws 1875.) 

This provision was added to Sec. 19 in 1875. It affects sub-sec- 
tion sixth, and relieves the board from the duty there imposed in 
cases where some " special provision is made by law " for the sup- 
port of a school. 

The powers of a school district are enlarged in one particular by 
the following enactment: 

{Chapter 91, Gen. Laics 1876.) 

Section i. The qualified electors of each school district in the 



36 

State shall have power, at each annual meeting, to vote a tax on 
the district, not exceeding ten dollars, nor less than five dollars, to 
compensate the clerk of the district for his services thereto; pro- 
Tided^ that the school districts known as union school districts, and 
districts supporting graded or high schools, shall be permitted to 
pay such salaries to their school district clerks from year to year, as 
may be fixed by vote of their annual school meetings. 

Section 2. This act shall take efiect and be in force from and 
after its passage and publication. 

No action can be taken by any district under this law until the 
annual meeting in July, August, or September, 1876, as the case 
may be, and the compensation then voted can apply only to the 
future. 

ITOTICE FOR ANNUAL MEETING. 

Section 20. It shall be the duty of the clerk to give at least six 
days' previous notice of every annual district meeting, by posting 
notices therefor in four or more public places in the district, one of 
which notices shall be affixed to the outer door of the school-house, 
if there be one in the district; and he shall give the like notices for 
every adjourned district meeting, when such meeting shall have 
been adjourned for a longer period than one month. 

In order to give publicity to the annual meeting, the statute di- 
rects the clerk to post notices therefor in at least four public places 
in the district, but such notice is not essential to the validity of the 
meeting. The time and place of holding it may always be ascer- 
tained by examining the records of the district, and the objection 
that notice was not duly posted, is not well taken. The founda- 
tion of the meeting is the statute, or the order of a previous 
annual meeting, and not posting of the notice for it. (6 Hill, N. 
Y. R., 647.) 

It is, however, the duty of the district clerk to give the notice 
required for the annual meeting, and for neglect of duty he is lia- 
ble to a fine, under the provisions of section 124. The notice should 
embrace the time of day and the place of meeting, and the more 
important items of business to be transacted, for while the law 
does not require this to be done, it will help to secure a full at- 
tendance, which is most desirable; but it is to be borne in mind 
that the object of the notice for the annual meeting is to assemble 
the inhabitants as the local legislature, and that when so assembled, 
their powers are defined, not by the notice, but by the statute. 



37 

SPECIAL MEETINGS. 

Section 21. Special district meetings may be called b}' the clerk, 
or in his absence by the director or treasurer, on the the written 
request of five legal voters of the district, in the manner prescribed 
for calling an annual meeting, and the inhabitants qualified by 
law to vote, when lawfully assembled at a special meeting, shall 
have power to transact the same business as at the first and each 
annual meeting, except the election of officers: pron'ded, that the 
business to be transacted shall have been particularly specified in 
the notices calling the same; and liwrided further, that no tax 
shall be voted at a special meeting unless three-fourths of the legal 
voters shall have been notified, either personally or by leaving a 
written notice at their places of residence, stating the time, place 
and object of the meeting, at least six days before the time appoint- 
ed therefor.* 

The power granted by the statute to call special meetings should 
be liberally exercised for the benefit of the district, and it is the 
duty of the clerk to call special meetings whenever requested to do 
so b)' the required number of legal voters. " The word ma]i means 
must or shcdl only in cases where the public interests or rights are 
concerned; and where the public or third persons have a claim de 
jure that the power should be exercised." (5 John, Ch. R., 113.) 
Our supreme court held, (Cutler vs. Howard, 9 W. B,., 312,) '' that 
when public corporations or officers are authorized to perform an 
act for others, which benefits them, that then the corporations or 
officers are bound to perform the act. The power is given them 
not for their own, but for the benefit of those in whose behalf they 
are called upon to act, and such is presumed to be the legislative 
intent. In such cases they have a claim de jure to the exercise of 
the power." The tact that the district clerk does not approve of 
the objects sought by those who request him to call a special meet- 
ing, is not a good cause for refusing to accede to the request. 

A special meeting may be called to consider an object which has 
already been considered by a meeting which stands adjourned. 

The notice for a special meeting may be given by the director or 
treasurer in case of a vacancy in the office of clerk, or if that offi- 
cer is absent, or incapable of acting. All notices for special meet- 
ings must " particularly specify" the business to be transacted 
thereat, nor can business not thus clearly mentioned be legally 
acted upon. If levying a tax be a part of the business, notices 
* See Forms Nos. 13 and 14. 



38 

must be posted in not less than four public places in the district, 
and in addition to this, notice must be served personally upon at 
(least three-fourths of the legal voters of the district. 

UXION" DISTRICTS. 

Sectigj?^ 22. Whenever two-thirds of the legal voters of any two 
or more adjoining school-districts shall, at any annual meeting, by 
vote, determine to form a union district for high-school purposes, 
it shall be the duty of the clerks of the districts so voting to fur- 
nish the town supervisors a certified copy of the minutes of said 
meeting, together with the names of those voting for and against 
said proposition. Upon receiving such notice it shall be the duty 
of the town supervisors to determine and establish the boundaries 
of said union district, and file a copy of such order with the town 
clerk. They may also, upon application, include persons and lands 
in adjoining districts in said union district, according to their dis- 
cretion. 

Section" 23. The control of such union district shall be vested in 
a board consisting of a director, treasurer, and clerk, who shall be 
elected in the same manner and hold their offices the same as offi- 
cers of common school-district boards, subject to the same rules and 
penalties; provided, that the town supervisors shall have power to 
appoint the first board of such union district.''" 

Section 24. The expenses of said union school-district incurred 
in purchasing or leasing school-houses or sites, in building or re- 
pairing school-houses, out-houses, fences, etc., in hiring teachers, 
and in establishing and carrying on said high school, shall be de- 
frayed by a tax upon the real and personal property of said union 
district, to be called the union, high-school tax. Said tax shall be 
voted b}^ said union district, at its annual or special meetings, and 
shall be levied and collected in the manner hereinafter provided 
for the assessment and collection of district taxes. No fee for 
tuition shall be charged or collected except from scholars not re- 
siding in the union district, who may be required to pay such fee 
as shall be prescribed by the board, which fee or fees shall go into 
the general fund of said union district. 

SECTioiiT 25. The board of said union district shall determine the 
standard of qualification necessary for admission, the branches to 
be taught, and the books and apparatus to be used in said high 
school; and shall have and exercise all the powers granted by law 
to the boards of common school-districts. 

Section" 26. The annual meeting of the union school-districts 
shall beheld on- the Wednesda}^ after the last Monday in September, 
in each year, and such meeting shall have power to transact all busi- 
ness, as prescribed in section nineteen of this chapter. 

SacTiON 27. Special meetings may be held as provided in section 
twenty-one of this chapter. 

* See Form No. 17. 



39 

Section 2S. When it is proposed to form union districts of ter- 
ritory lying in two or more adjacent towns, then tlie respective su- 
pervisors of those towns shall act in concert in the formation of 
such union district, as required in the formation of joint common 
school-districts."*' 

Section" 29. The boundaries of any union school-district, formed 
in accordance Avith the provisions of this chapter, may be altered 
in the same manner that .the boundaries of common school-districts 
are altered; and the provisions of law governing the action of town 
supervisors in relation to the alteration of common school-districts, 
shall, so far as the same are applicable, be applied in the alteration 
of union school-districts; provided, that no union school-district 
shall he disorganized unless a majority of the electors shall, at an 
annual meeting, vote for such disorganization.f 

Section 30. Nothing in this act relating to union school-dis- 
tricts shall be so construed as to impair or affect the organization 
of primary districts within such union district. 

(See the "township law" and the "free high-school law" at the 
end of this chapter.) 

school-district officers. 

Section 31. The officers of each school-district shall be a direc- 
tor, treasurer, and clerk, who shall hold their respective offices for 
three years, and until their successors shall have beei'd chosen or 
appointed, but not beA'ond ten days after the expiration of their 
term of office, without being again elected or appointed; ^;rotvV/^f/, 
that at the first election of such officers, in any newly organized 
district, the clerk shall be chosen for one year, the treasurer for two 
3'ears, and the director for three years; and thereafter each officer 
shall be chosen for three years. Any person present at a school- 
district meeting, at which he shall be elected one of the district 
board, shall be deemed to be notified thereof, and any person so 
elected, and not present, shall be notified thereof by the clerk of 
said meeting, within five days thereafter; and unless each person 
elected and notified shall, within ten days after his election, file 
with the clerk his refusal in writing to accept the office, he shall be 
deemed to have accepted the same. J 

WOMEN eligible TO SCHOOL-OFFICES. 

{Chapter 120, General Laws 1875.) 

Section 1. Every woman of the age of twenty-one years and 
upward, residing in the district within which the duties of the of- 
fice are to be performed, is hereby declared to be eligible, and may 
be elected to the following school-offices, viz: the office of director, 
treasurer, and clerk of school-districts; director and secretary of 
town boards under the township-sj'stem of school-government; 
member of a board of education in cities, and county superintend- 
ent of schools. 

*See Form No. 16. f See Form No. 9. % See Forms Nos. 18 and 19. 



40 

The time from the first meeting of a legally organized district to 
its first annual meeting, no matter how short that may be, is to be 
considered a year, because all subsequent elections must be at the 
time fixed for the annual meetings. At the first annual meeting, 
therefore, after the first meeting of any newly organized district, a 
new clerk will be elected for the term of three years. At the second 
annual meeting, a treasurer is to be elected for three years; and at 
the third annual meeting, a director is to be elected for three years. 
Thereafter, one officer only is to be elected at each annual meeting, 
for the term of three years, and in the following order: clerk, treas- 
urer, director. It may sometimes be necessary, however, to elect a 
district officer to serve out an unexpired term, in addition to the 
officer elected for a full term. 

In case a district establishes a graded school of " two or more de- 
partments," then^by the provisions of chapter 6, of the general 
laws of 1869, it must hold its annual meeting on the second Mon- 
day of July; and the term of any district officer that would other- 
wise have expired in September or August, will be taken to have 
expired at said meeting in July, and a new incumbent will be 
elected, and so annually thereafter. 

The question sometimes arises whether it is proper to elect per- 
sons as district officers who are not citizens. As there is no statu- 
tory provision on the subject, a decision of the supreme court is 
given. In the case of Off vs. Smith, (14 W. R., 497,) it was held 
that '* it is an acknowledged principle which lies at the foundation 
[of popular governments,] and the enforcement of which needs 
neither the aid of statutory or constitutional enactments or re- 
strictions, that the government is instituted by the citizens for 
their liberty and protection, and that it is to be administered and 
its powers and functions exercised only by them, and through their 
agency." 

On the other hand, it may be held, in regard to persons who 
have declared their intention to become citizens, that as they are 
permitted to vote, they are eligible to minor offices, if it is desired 
to elect them. 

Officers elected at the first meeting of any district are required 
to file written acceptances, but at the annual meetings succeeding, 
written acceptances are not required. However, persons not pres- 
ent at an annual meeting must be notified if elected to office; and, 



41 

unless a person v/lio has been notified of an election shall, within 
ten days after his election, file with the clerk his refusal to serve, 
he shall be deemed to have accepted the office. A verbal refusal to 
serve, or inattention to the duties of the office does not create a 
vacancy. A person elected should therefore serve, or signify his re- 
fusal to serve in a legal way, and within the legal time. 

DUTIES OF DIRECTOR. 

Section 32. It shall be the dut}- of the director of each district 
to countersign all orders legall}" drawn by the clerk upon the 
treasurer of the district. 

Section 33. The director shall appear for and on behalf of the 
district, in all actions brought by or against the district, Avhen no 
other direction shall be given by the qualified voters of such dis- 
trict, at a district meeting. 

Section 3-1. In case of any breach of the condition of the treas- 
urer's bond, the director shall cause an action to be commenced 
thereon, in the name of the district, and the money, when col- 
lected, shall be applied by such director to the use of the district, 
as the same should have been applied by the treasurer. 

The director is required to countersign orders JegaUy drawn, and 
it is his duty to know that an order presented to him for his signa- 
ture is drawui in accordance with law, before he affixes his name 
thereto. The object of this provision of the law is to protect the 
interests of the district. 

By sub-section thirteen of section nineteen, the district has power, 
at any meeting duly called, to give such direction, and make such 
provision, as may be deemed necessary in relation to the prosecu- 
tion or defense of any action or proceeding in which the district 
may be a party or interested; and unless some other person is desig- 
nated to perform the duty, the director is required to bring suit 
and to carry out the will of the meeting. The director has not 
power under the statutes to bring suit, upon his own motion, in 
behalf of the district, except in case of breach of the condition of 
the treasurer's bond. In this case, it is his duty to commence pro- 
ceedings to protect the interest of the district at once, without 
waiting for the action of a district meeting. 

If an action is commenced against the district, the director must 
appear in behalf of the district, without waiting for authority from 
a district meeting. The district may, however, designate some 



42 

other person to act as tlieir representative in the defense if they 
think it expedient. 

DUTIES or TREASURER. 

Seotio2^ 35. The treasurer of each district shall, within ten days 
after his election, execute to the district and file with the clerk a 
bond in double the amount of money, as near as can be ascertained, 
to come into his hands as treasui-er, with sufficient sureties, to be 
approved by the director and clerk, conditioned for the faithful dis- 
charge of the duties of his office, and if he shall fail to do so, his 
office shall be vacant, and the board shall thereupon appoint a treas- 
urer, who shall be subject to the same conditions and possess the 
same powers as if elected to that office.* 

A neglect to file the bond, completed and approved, within ten 
days, as the law directs, vacates the office. Filing it with the ap- 
proval of one member of the board onlj', or after the time expires, 
is of no effect. It is obviously improper for either the director or 
clerk to become surety for the treasurer. 

Section 36. Whenever the director and clerk of any school-dis- 
trict shall deem the security upon the bond of the treasurer in- 
sufficient, they shall have the right to demand additional security, 
and the refusal or neglect of the treasurer to furnish such additi- 
tional security, within ten days thereafter, shall vacate his office.f 

The power granted the clerk and director, by this section, should 
be exercised Avhenever the interests of the district demand it. No 
good citizen will regard the exercise of this power as an imputa- 
tion upon his character. Whenever the security on the bond is 
not such as tiie law requires, it is obviously the duty of the treas- 
urer to furnish additional security, and it must be done promptly, 
within ten days, just as in the original filing of the bond. 

Section 37. It shall be the dut}" of the treasurer of each school- 
district to apply for and receive from the town treasurer all school- 
moneys apportioned to the district or collected for the same by the 
said town treasurer, and to pay over on the order of the clerk and 
director of such district, all moneys received by him. 

The district treasurer can ascertain the amount of money to 
which his district is entitled, by examining the certificate of ap- 
portionment on file in the town treasurer's office, which that offi- 
cer receives from the town clerk. The district treasurer should 

* See Form No. 20. f See Form No. 21. 



43 

pay all legal orders in the order of presentation, when no special 
direction appears upon the order to the contrary. 

Section 38. The treasurer shall keep a book in which he shall 
enter all the moneys received and disbursed b}' him, specifying par- 
ticularly the sources from which mo2iey has been received, and the 
person [persons] to whom and the objects for which the same has 
been paid out. He shall present to the district at each annual 
meeting a report in Avriting, containing a statement of all moue3"s 
received by him during the preceding year, and of the disburse- 
ments made by him, with the items of such disbursements, and ex- 
hibit the vouchers therefor, and at the close of his term of office, 
shall settle with the district board, and shall hand over to his suc- 
cessor said books, and all receipts, vouchers, orders, and papers 
coming into his hands as treasurer of the district, together with all 
moneys remaining in his hands as such treasurer. 

It is a duty which the treasurer owes to himself, as well as to 
his district, to keep an accurate record of his accounts, so as to be 
abltr to present a clear and satisfactory statement of the transac- 
tions of the year. The account required to be kept by section 38, 
ma}' be a simple cash account, in which the treasurer personally, 
and in his individual name is charged with all school-mone^'s re- 
ceived b}' him, and crec4ited with each payment, specifying the 
date, the person to whom and the account on which it was made. 
It is convenient and will conduce to accuracy to number each 
credit consecutively, and to affix the same number to the order to 
be produced in proof of payment, and in support of such pay- 
ment. This account should be kept in a book well bound, and a 
transcript of such account should be made, and with the proper 
vouchers presented to the annual meeting. This transcript should 
be examined by a committee appointed by the meeting and should 
be endorsed by said committee as having been examined and found 
correct, if the committee find it regular in all respects. When at 
the close of his term of office, he settles with the district board as 
required by law, the board should enter upon the original account 
in the blank-book, their certificate that they have examined such 
account up to and including the last preceding entr}' (giving its 
date) and the vouchers therefor, and that they find the same correct. 

The law relative to embezzlement of money is substantially as 
follows : 

*' If any person having in his possession any money, belonging to 



this State, or any county, town, city, or other municipal corporation 
* * * or if any collector or treasurer of any town or county, 
or incorporated city, town, or village, or any other person holding 
an office under any law of this State * * * who shall wilfully 
neglect or refuse to pay over the same, or any part thereof, accord- 
ing to the provisions of the law ^ ^ ^ shall be deemed and ad- 
judged to be guilty of an embezzlement. * '■' * * And every 
refusal by an officer to pay any sum lawfully demanded, shall be 
deemed an embezzlement of the sum so demanded. Any person 
demanding of any officer any sum of money which he may be en- 
titled to demand and receive, who shall be unable to obtain the 
same by reason of the money having been embezzled as aforesaid, if 
he shall neglect or refuse, for thirty days after making such demand, 
to make complaint against such officer, shall be deemed an acces- 
sory, and upon conviction thereof shall be fined in a sum not ex- 
ceeding one hundred dollars." (R. S., Chap. 165, Sees. 30, 31, 32.) 

The law is thus exceedingly stringent, and must be complied 
with fully. 

Section 3, of chapter 14, revised statutes, will give directions as 
to the proper course of procedure whenever a judgment has been 
rendered against the treasurer for any breach of the conditions of 
his bond. Upon proper application to the Governor it is made his 
duty to declare the office vacant. The vacancy will be filled as 
other vacancies are filled. 

DUTIES OF CLEEK. 

Section 39. It shall be the duty of the clerk of each school- 
district, within ten days after the election or appointment of any 
school-district officer, to report the name and post-office address of 
such officer to the town clerk of his town, or, in case it be a joint 
district, to the town clerk of each town in which any part ot the 
district is situated; to record the proceedings of the district board, 
and of each district meeting, in a book to be provided by the dis- 
trict for that purpose; to enter therein copies of all reports made 
by him to the town clerk; to make therein, or in some suitable book 
provided for that purpose, an accurate record of all orders drawn 
upon the treasurer, and to keep and preserve all records, books, and 
papers belonging to his office, and deliver the same to his successor 
in office. 

Under our law the power of the clerk is such that the pros- 
perity of the school of his district depends greatly upon the man- 
ner in which he discharges his duties. 

The importance of full and accurate records cannot be too strong- 
ly enforced. The record-book of the district should contain a full. 



45 

liistory of its school affairs. Dates, names, resolutions, votes, etc., 
should be given with such exactness that no trouble can arise which 
a reference to its pages will not help to settle. Financial state- 
ments and reports should be spread out on the record-book. Doc- 
uments that are merely filed are soon lost. 

Every clerk of a district should feel, that by a proper discharge 
of his duty in keeping his records with fidelit}^ and neatness, he 
may leave an hoiiorable memorial of himself that shall last while 
his district exists. 

Section •40. It shall be the duty of the clerk to draw orders on 
the treasurer of the district, for mone3's in the hands of such treas- 
urer, which have been apportioned to or raised b}' the district, to 
be applied to the payment of wages of legally qualified teachers, 
who have been employed to teach the school of such district, and 
also to draw orders on such treasurer for mone3's in his hands, to 
be disbursed for any other purpose for which the same shall be 
voted b}' the district, agreeable to the provisions of section nine- 
teen of this chapter; provided, that each order shall designate the 
object for which and the fund upon which it is drawn, and shall be 
countersigned by the director; and provided further, that no order 
for the payment of teachers' wages shall be drawn, countersigned, 
or paid, which is in favor of any person who has taught the school 
of said district, when not holding a certificate of qualification from 
the county superintendent, or (in case of appeal) from the State 
Superintendent.* 

By the provisions of chapter 101, of the general laws of 1872, 
the board hires the teacher, (See Sec. 42.) 

As the board has no authority to contract with a teacher who 
does not hold a legal certificate of qualification, so also anj" use of 
public funds, from whatever source received, for the payment of 
teachers not legally qualified, is a palpable violation of law. It is 
the duty of the clerk to see and know that the person employed is 
legally qualified and entitled to teach before any order for pa}^- 
ment is drawn. It is no less the duty of the director to refuse to 
-countersign, and of the treasurer to refuse to pay orders drawn in 
violation of law; and these officers are bound to know that orders 
are legal before they recognize them as valid. 

The order for payment of teachers' wages can be drawn only in 
favor of the teacher. If he is desirous to apply his wages to the 
payment of a private debt, he can indorse the order to his creditor, 
but it is for him, and not for the clerk, to distribute his wages. 

'^ See Form No. 22. 



46 

Section 41. He shall be the clerk of the district, and of all dis- 
trict meetings, but if he shall not be present at any district meet- 
ing, the qualified voters ma}^ appoint a clerk of such meeting, who 
shall certify the proceedings thereof, and the same shall be recorded 
by the clerk of the district,* 

The clerk cannot properl}' refuse to record the proceedings of a 
meeting that he was opposed to calling. And although he may 
think the proceedings illegal, it is his duty nevertheless faithfully 
to record them. If illegal, they may be set aside by competent au- 
thority on appeal; and the record of the clerk is of importance in 
deciding the question!! 

EMPLOYMENT OF TEACHERS. 

Section 42.f The majority of the district board shall contract 
with and hire duly qualified teachers for and in the name of the 
district, and said contract shall specify the wages per week, month, 
or year, as agreed upon by the parties, and said contract so com- 
pleted shall be filed in the office of the district clerk, with a copy 
of the certificate of the teacher so employed, attached thereto, and 
a copy of such contract shall be furnished by the clerk to the 
teacher. 

This section formerl}^ made it the dut}^ of the clerk to " contract 
with and hire " teachers. The duty is now devolved upon the dis- 
trict board, and like any other act performed by them, must be 
preceded by a regular meeting, as provided for in section 46. The 
comment upon that section is referred to in this connection. 

The insertion of section 42 here is, in one sense, out of place, but 
is necessary, to preserve the numerical order of the sections. 

It is very important that the provisions of this section be care- 
fully observed. In negotiating for a teacher the board should 
first of all ascertain that the person is legally '' qualified." Th© 
only sufficient evidence of this is an unexpired certificate from the 
proper superintendent. If the county be divided into two super- 
intendent districts, the certificate must be from the superintendent 
of that division of the county in which the school is to be taught. 
If not, it is invalid. In case of a joint district not wholly within 
the j urisdiction of one superintendent, the certificate must be from 
the superintendent within whose jurisdiction the school-house is 

*See Form No. 23. 

f See chapter 169, general laws 1871, and chapter 101, general laws 1872. 



47 

situated. (See section 107.) A certificate has no validity or force 
beyond the county or jurisdiction within which it is given, although 
" indorsed " by some other superintendent. This is the opinion not 
only of this department, but of the attorney-general, who says: 
'' This [an indorsement] is clearly not what the law requires, nor 
is it equiraJent to the certificate irhich is required hij hue. If the 
legislature had intended that the certificate of one superintendent 
might be adopted (by indorsement) by another, it would have so 
provided."' 

An understanding may be had with a teacher who is awaiting 
examination, but a contract with a person who holds no certificate 
is not only void, but a fraud upon the district. If a teacher's cer- 
tificate will expire during the term of school, care must be taken 
that it be renewed in season. It is better that the certificate be re- 
newed before the school begins. 

Before any promises are made to a teacher there should be a 
meeting of the board. The neglect of this will often create serious 
trouble. The contract is of no force unless signed by at least two 
members of the board. It is better that it be signed by all, as har- 
mony of action in this matter is very important to the prosperity of 
the school and the welfare of the district. 

There is no authority for making a contract whereby the teacher 
engages to board with the parents of the children. It cannot be 
enforced on the inhabitants. The best arrangement is to give the 
teaches a specific sum and let him board himself. 

The amount of the compensation to be paid to teachers is within 
the dikretion of the board. The inhabitants have no legal power 
to control district officers in this respect, nor in the selection of in- 
dividuals to be employed, though the board would act unwisely in 
disregarding the preferences and wishes of the people, when reason- 
able and just. 

There is little probability that school-officers will make the com- 
pensation too high. The wages of good teachers are generally 
quite inadequate. To employ a poor teacher at any price is 
wretched economy. 

A teacher having been legally employed, cannot properly be dis- 
missed without some violation of the contract on his part, during 
the time for which it was to continue, unless his certificate of qual- 
ification is annulled by competent authority. If the board discharge 



48 

a teacher on the ground that he has failed to fulfil his contract, of 
course it takes the risk of being able to prove such failure, in case 
the teacher claims damages, or demands his wages for the whole 
time for which he was engaged. 

Although the employment of a member of the district board is 
not prohibited, yet the practice ought to be discouraged. The fact 
that the teacher is one of the board, naturally excites a suspicion 
that he may have been able to make a contract more advantageous 
to himself, and less so to the district, than if some other person had 
been employed. Those who hold public trusts should carefully 
avoid putting themselves into situations Avhere their private inter- 
ests may conflict with an impartial discharge of their public duties. 
These remarks may also apply to the practice of employing any 
near relative of a member of the district board as a teacher. 

It was held by the supreme court of New York, in the case of 
Foster vs. La Rue, (15 Barb., 323,) " that where a person is em- 
ployed for a corporation, by one assuming to act in its behalf, and 
renders services according to the agreement, with the knowledge 
of its officers, and without objection on their part, or notice that 
the contract is not recognized, such corporation will be held to 
have sanctioned the contract and will be compelled to pay for the 
services according to the agreement; * * * ^^^^ when 
the contract is still executory, and nothing has been done 
under it, and the action is to recover damages merely for non-per- 
formance, it is for the plaintiff to show a legal contract binding upon 

the corporation. 

« 

ANNUAL DISTRICT REPORT. 

Section 43. It shall be the duty of the clerk, between the first 
and tenth daj's of September, in each year, to make and transmit 
to the town, city, or village clerk a written report, dated on the 
first day of September of the year in which it shall be transmitted, 
signed by said district clerk and verified by his affidavit, showing: 

FirstJ^ The number of children, male and female, designated sep- 
arately, over the age of four and under the age of twenty years, 
residing in the district on the last day of August previous to the 
making of such report, and the names of the parents or other per- 
sons with whom such children did respectively reside on the 31st 
day of August preceding such report. And it shall be the duty of 
the district clerk to classify those children who from defect of vis- 

* See chapter 101 general laws 1871, section 1. 



49 

ion or of hearing or of intellect (under tlie heads of blind, deaf and 
dumb, and idiotic) are iiicapacitated for instruction in the common 
schools, and report the same to the State Superintendent, who 
shall publish the same in his annual report. 

Second. *The Avhole number of children, male and female, each 
designated separately, taught in the district school during the j^ear 
for which such report is made, by teachers duly qnalified, and the 
sum of the days attendance of all snch children npon the school. 
Also, the number of children attending school during any part 
of the year, between the ages of fonr and seven, seven and tifteen, 
and tifteen and twenty, respectively; and to this end he shall re- 
quire and instruct the teachers to enter the ages of all children at- 
tending school in the register; he shall also ascertain and report 
the whole number of children between the several ages named re- 
siding in the district on the last day of August previous to making 
such report. 

Third. The number attending school (male and female being 
designated separately) during the year, under the age of four, and 
the number over the age of twenty years, and the sum of the days 
attendance of all such children upon the school. 

Fourth. The whole time in days any common school has been 
taught in the district, including holidays, and the whole number 
of days, including holidays, such school has been taught by teach- 
ers qualified according to law, during the year ending on the thirty- 
first day of August preceding the making of such report. 

Fifth. The names of all teachers employed during the year 
covered by the report, the number of days taught by each, includ- 
ing holidays, and the monthl}' wages paid to each. 

Sixth. The amount of money received from the town treasurer, 
the amount received from district taxes, and the amount received 
from all other sources during the year ending on the thirty-first 
day of August preceding the date of the report, and the manner in 
which the same has been expended. 

Seventh. The kind of books used in the school. 

Eighth. Such other facts and statistics in relation to the schools, 
public or private, in such district, as the Superintendent of Public 
Instruction may from time to time require. 

Blank forms for the reports of district clerks are annually pre- 
pared by the Superintendent of Public Instruction, with printed 
instructions in regard to the mode of filling them up, and are 
transmitted through town clerks to the district clerks. These 
blanks will, from time to time, require other information in addi- 
tion to that specified in the above section, in order to enable the 
Superintendent to lay before the legislature a full report of the 
educational affairs of the State. It is of the highest importance 

""■ See chapter 169, general laws 1871, Sec. 2. 

4 Code. 



50 

that the annual district report should be promptly completed and 
deposited with the proper town clerk. Some explanations are 
given below in reference to each of the foregoing sub-sections: 

1. The school year begins on the first day of September, and ends 
on the last day of August. 

The law requires that the names of parents or other persons, 
with whom children to be enumerated reside, shall be written. 
The greatest care must be exercised in taking the census of the 
children of the district. It will be seen that the law also requires 
district clerks to classify all children prevented from attending 
school through defect of vision, hearing, or intellect. This humane 
provision is intended to be the source of information in regard to 
such unfortunate children, that efforts may be made to have them 
placed under instruction elsewhere. 

For remarks on residence^ see commentary on section 8. Do- 
mestics composing a part of the family, if less than twentj' years 
of age are, to be enumerated. Mere hoarders or lodgers are not to 
be included in the enumeration, for they are presumed to belong 
to families residing in some other district of the State; but per- 
sons who pay for their board and lodging by devoting a part of 
the day to work, in the service of the household, while the rest is 
spent in attendance at school, and who have no other legal residence. 
are considered as constituting members of the family with whom 
they reside. It must be borne in mind that the enumeration of 
one year is the basis of the apportionment of the next, and hence 
children should be enumerated in the district that is bound to fur- 
nish them instruction, that such district may receive an apportion- 
ment on their account, and care should be taken that children are 
not enumerated in two districts. (See remarks on section 19, 
under sub-section eleventh.) 

Those children, whose parents do not reside in this State, should 
be included in the school-census; provided such children reside 
in a family of a district, and not in a mere boarding-school or 
other establishment for the purpose of. education. Children in an 
orphan asylum are deemed the wards of the incorporated associa- 
tion that has them iu charge, and are not to be included in the enumer- 
ation. Children supported at public charge now acquire a residence 
in the district where thus supported, and are to be instructed in 



51 

such district. The hiw rehiting to this subject is chapter 156, oi' 
the general laws ot 1873, and is printed on a subsequent page. 

All persons more than four and less than twenty years of age, 
who are themselves the masters or mistresses of families, are to be 
enumerated. 

The laAV requiring districts with graded schools to hold their 
annual meeting the second Wednesday in July, does not at all 
affect the provisions of the foregoing section. In making the 
annual report, the school-year will be taken to end the 31st day ot 
August, as before, and the school-census Avill be taken at the usual 
time. 

2. The whole number of children, male and female designated 
separatel}", who have received instruction from legally qualified 
teachers since the first day of September of the year preceding, is 
to be stated, without regard to the fact of their attendance having 
been long or short, or of their parents having been residents or 
non-residents. The sum of the days attendance must be ascertained 
by an examination of the register of the school, which every 
teacher is required by law to keep, under the supervision of the 
district board. This sub-section also requires teachers to register 
the ages of all scholars attending school between 4 and 7, between 
7 and 15, and between 15 and 20. District clerks are required to 
observe the same rule in taking the census of school-children. The 
object of this amendment is to ascertain the ages of children attend- 
ing or not attending school each year, and it is hoped that parents 
as well as teachers and district clerks will co-operate readily in this 
purpose of the law. 

3. It is to be hoped that the annual reports will show few in at- 
tendance at school less than four j'ears of age. All that children 
need to learn before they are six 3"ears of age ought to be taught, 
them at home. 

4. The legal holidays in this State are New Year's day, the- 
twenty -second of Februarj^ the fourth of July, the day of general 
(or fall) election, Christmas day, and all days of thanksgiving which 
are appointed by national or State authority. It is required that, 
the Avhole number of days a school has been taught by a qualified 
teacher be stated, in order that the town clerk may apportion 
money to such districts only as have complied with the law. A 
district, to be entitled to share in the annual apportionment of the 



52 

income of tlie school-fund, must maintain a school at least five 
months of twenty days each, including legal holidaj^s, and such 
school must be taught by a legally qualified teacher. In 1871, the 
law required five months of twenty-two days each, but was amended 
in 1872, and 100 days declared to be 5 months. 

5. The monthly w^ages paid to a teacher includes all expeilses in- 
curred by the district on his account for board. If the district 
looards the teacher, the cost of board is to be added to the amount 
of monthly pay, and the sum of the tw^o items constitutes his 
monthly wages. 

For directions in regard to making the annual report, the clerk 
will carefully study the blanks which are furnished by the depart- 
ment of public instruction. In case a clerk fails to receive the 
blanks needed in time to make his annual report as required by 
law, he should, without delay, notify the State Superintendent of 
the fact, that they may be sent. 

Section 44. The clerk of each joint school-district shall report 
to the town clerk of each town a part of which is embraced in such 
district, the number of children residing in such part, in the man- 
ner set forth in the preceding section, and the number of days a 
school has been taught in the district by a qualified teacher, and the 
remainder of the items specified in the preceding section shall be 
embraced in the report made to the clerk of the town in which the 
school-house is situated.* 

The clerk of a joint school-district must report to the town clerk 
of each town, a' part of which is embraced in his district, the num- 
ber of children, male and female designated separately, over the 
-age of four and under the age of twenty, residing in that part of 
the district lying in the town, to the clerk of which the report is 
;.seut. Care should be taken not to report to any town clerk a 
"greater number of children over four and under twenty years of 
sage than reside in that part of the district lying within his town. 
Tn some instances the whole number of children in a joint-district 
ds reported to each town clerk, causing the district to receive more 
than its share of school-moneys distributed. This should be care- 
fully avoided. He must also report the names of the parents or 
other persons with whom such children resided on the 31st day of 
August, preceding such report. He must also report to each town 

•^See Form No. 26. 



5gx 

clerk, whose town embraces any part" of the district, the number of 
(lays a school has been taught in his district by a legally qualified 
teacher during the year covered by the report. This is obviousl}'^ 
necessary to enable the town clerk to determine whether he can 
legally apportion mone\^ to the district. 

In addition to the foregoing items, the clerk of a joint school- 
school-district will report all the other items called for in the gen- 
eral blank, to the clerk of the town containing that part of the dis- 
trict in which the school-house is situated. 

SCHOOL-REPORTS FROM CITIES. 

As will be seen by the law given below, cities are now required 
to make their annual reports directly to the State Superintendent. 

{Chapter 128, General Laws 1870.] 

Section 1. Each city of this State which is not under the juris- 
diction of a county superintendent, in the matter of supervision of 
schools and examination of teachers, shall hereafter make the an- 
nual report required by sections 43, 57, and 139, of chapter 155, of 
the general laws of 1863, direct to the State Superintendent of 
Public Instruction, instead of to the county superintendent. 

Section" 2. In all cities having a superintendent of schools, said 
superintendent shall make the report as aforesaid, and in cities 
having no superintendent of schools, the report shall be made by 
the clerk of the board of education. 

Section 3. The State Superintendent shall furnish suitable 
blanks on which to make the reports, and no school-moneys shall 
be apportioned to au}^ city for any year for which the report shall 
not show that the number of children residing therein between the 
ages of four and twenty years, has been ascertained by an actual 
census taken by the city superintendent of schools, the clerk of 
the board of education, or some person or persons authorized to 
take such census by the aforesaid officers or other authorities of 
said city. 

Section 1. All acts and parts of acts conflicting v/ith the pro- 
visions of this act are hereby repealed. 

school-register. 

Section 15. The clerk of each school-district shall furnish, at the 
expense of the district, a school-register, in the form prescribed b}^ 
the Superintendent of Public Instruction, in which every teacher 
employed by the district board shall be required to enter the names, 
ages, and studies of all scholars attending school, and daily their 
attendance and absence, and such other facts as the county super- 
intendent or State Superintendent may require, which register the- 



■ /54 

J 

teacher shall deliver to the clerk at the '.time he shall cease to be 
employed by such district, or at any other time when the same may 
be required for the use of the district board; and the teacher shall 
make in writing, and transmit to the district board, or to the county 
superintendent, a report concerning any matter relating to his 
school, in such form and manner as said board or superintendent 
may prescribe. 

It is the duty of the clerk to promptly furnish the teacher with 
the register, and to call his attention to section 131, of the school- 
law, which provides that, for willfully neglecting or refusing to 
comply with the requirements of law, relative io keeping the school- 
register, he shall forfeit his wages. 

The form for a school-register is given in the appen:3ix (No. 27.) 
Economy will be best subserved in the end, if a good and substan- 
tially bound book is procured for this purpose. Registers are not 
supplied by this department, but may be obtained at the bookstores. 

The clerk should require the teacher to return the school-regis- 
ter, at the end of the term for which he is employed, and should 
ascertain that it has been properly kept, before he draws an order 
on the treasurer in payment of the teacher s wages. He should 
also frequently examine the register during the term, in order to 
secure that accuracy in the method of keeping it, which will en- 
able him to make a reliable report to the town clerk. Teachers 
are required by this section, to render reports relating to their 
schools, and a refusal so to do is sufficient cause for annulling a 
certificate, or discharging the teacher thus violating the law. 

DUTIES AND POWERS OF THE DISTRICT BOARD. 

Section 46.* The director, treasurer, and clerk shall constitute 
the district board. Meetings of the board may be called by any 
two members thereof by serving upon the other member a written 
notice of the time and place of such meeting, at least twenty-four 
hours before such meeting is to take place. But any meeting of 
the district board held within the limits of the school-district shall 
be considered legally constituted to do business, provided all the 
members are present, and do each then and there consent to call it 
a meeting of the district board; and j^rovided further, that the board 
at any such meeting not previously called, shall not have power to 
purchase school-apparatus or to transact such other business as is 
provided for in sections 47, 51, and 53, of said code; and it shall be 
the duty of the district clerk to- record the transactions of such 

* See chapter 108, general laws 1868, and chapter 97, general laws 1875. 



[)i)s 



meetings, said record to be sio^ned .jj -^he district clerk and the 
other members of the district board. 



It will be seen by this section, as it stands amended, that the 
powers conferred by law npon the district board ninst be exercised 
by the board, meeting and deliberating at the same time and place, 
and not by one or two forming a determination and obtaining the 
assent of the absent. The decision of a majority at a meeting prop- 
erly called is the decision of the board, but the decision of a major- 
ity, or even of all three, under other circumstances, is not the de- 
cision of the board. It is merel}' the concurrent opinion of the 
members of the board, and is no more the decision of the l)oard 
than the concurrent opinion of the members of the legislature, ar- 
rived at by taking their separate votes at their respective homes, 
would be an act of the legislature. The law supposes that a ma- 
jority may be convinced by a minority and change its determina- 
tion, and therefore will not allow the majority to act without giving 
the minority due notice to participate. This principle applies to 
the action of the board in hiring a teacher as well as to other mat- 
ters. 

It is held in 16 Maine R.. 185, that the dismissal of a teacher by 
two, a majority of the board, was illegal, because the third was not 
notified, although he was out of town. The court say, '' that does 
not allow the majority to dispense with the rule requiring notice. 
They are not in such cases constituted the judges whether the no- 
tice would be effectual to secure his attendance. Nor would it be 
entirely safe to entrust them with such a power, as it would afford 
an opportunity to select an occasion when they might judge that a 
notice would be ineffectual, and thus, by neglecting to give it, free 
themselves from the presence of a dissenting minority. It may of- 
ten happen that those will be able to attend who were believed to 
be so situated that their attendance could not be expected. Nor is 
there an}' difficulty in giving the requisite notice in such cases, as 
one left at the usual place of residence would be sufficient." 

These views are fully sustained in a decision recentl}' rendered by 
the United States District Court at Madison, in the case of First 
National Bank. ?>■. School-District No. 1, Oregon. 

It will be seen, however, that by the amendment of this section, 
made in 1875, an accidental meeting of all the members of the 






board may be called a ieg^c.. ...eeting, by mianimoiis consent. At 
such a meeting- the board cannot transact business in regard to a 
school-house site, or a school -house, or disposing of the same, the 
purchase of school-apparatus, or books for indigent children, or the 
adoption of a list of text-books. 

In case of a vacancy ^'.n the district board, those in office possess 
all the powers of a full board for the purpose of filling such va- 
cancy. 

If tvv^o vacancies exist at the same time, the remaining member 
cannot fill them. It must be done by the town clerk. 

A duty merely ministerial in its character, such as the execu- 
tion of a determination of the district board, may be performed by 
a single member. 

Sectiojst 47. The district board shall purchase or lease such a 
site for a school-house as shall have been designated by the district, 
in the corporate name thereof, and shall build, hire, or purchase 
such school-house out of the funds provided tor that purpose, and 
make sale of any school-house, site, or other property belonging to 
the district, and, if necessar3% execute a conveyance of the same in 
their name of ofiice, when lawfully directed by the qualified voters 
of such district, at any annual or special meeting. 

A school-district is a corporate body, and as such has perpetual 
succession and existence in its corporate name, and the capacity to 
hold real and personal estate for its corporate purposes. It posses- 
ses this power as a legal body, wholly distinct from the individuals 
which from time to time compose it. The district can act as a 
corporation only through its officers. The power to purchase or 
lease a site for a school-house, or to build, hire, or purchase a school- 
house, or to sell any school-house, site, or other property belongs 
exclusively to the district board. It is often the case that a build- 
ing committee is appointed by the district to superintend the erec- 
tion of a school-house. So far as a building committee aid the 
board by their advice and service in carrying out the wishes of the 
people of the district, there can be no objection. But the district 
board alone has power to bind the district by a contract, written 
or verbal, and the district has no power to supersede them b}" ap- 
pointing a building committee, or anj' other agents. The district 
may, however, through a committee, procure plans and specifica- 
tions for a school-house, and may select such a plan as is deemed 



57 

suitable, and limit the power of the district board to making a eon- 
tract for erecting a house according to the plan and specifications 
adopted. 

This is the only way of controlling the district board. It rest» 
with the board to accept or reject the work, unless the people, in 
district meeting, have appointed or provided for the appointment 
of other arbiters. This may be done by directing it to be inserted 
in the contract with the builder, that the sufficiency of the mate- 
rials and workmanship under the contract shall be determined by 
persons named in the resolution. 

A stringent contract, which in all cases should be in writing, 
with proper provisions for the adjustment of any questions that 
ma}^ arise under it, will relieve the district board from much per- 
sonal responsibility and trouble, as well as prevent quarrels and 
perhaps litigation, which are in any event disastrous. 

The inhabitants of a district, assembled in district meeting, should 
give plain and specific instructions to the district board in regard 
to the matters referred to in this section. All votes relating to 
purchase or sale of site, school-house, or other district property 
should be taken by ayes and noes, and all proceedings should be en- 
tered at length upon the record book of the district. 

Section 48.''^ The said board shall have the care and keeping of 

the school-house and other propert}^ belonging to the district, ex- 
cept so far as the same shall be especially confided to the care of the 
clerk, including all books purchased by the district for the use of 
any children, and the said district board shall have power to pur- 
chase a record-book, in which the proceedings of the meetings of 
the district and of the district board shall be recorded, and a book 
for keeping in proper form the treasurer's accounts, together with 
such blanks and stationery as are necessary for doing the business 
of the district in an orderly and business-like manner, and such 
charts, maps, globes, and school-apparatus as they may deem neces- 
sary, not exceeding seventy-five dollars in amount in an}^ one year; 
and the clerk of such district shall include the amount of such pur- 
chases in the next annual tax to be collected in such district; said 
charts, maps, globes, and apparatus shall be such as may have been 
approved by the Superintendent of Public Instruction, or by the 
county superintendent of the county in which said district is lo- 
cated, as of a character suitable for use in the schools of the State; 
and provided fuiiher, that such purchases shall be unanimously ap- 
proved at a regular meeting of said board at which all the members 
thereof shall be present; and provided further, that a majorit}^ of 

* See chapter 281, general laws 1873, and (.'hapter 235, general laws 1875.. 



58 

the district board of any school-district in this State shall have the 
right to permit the school-house to be occupied by religious meet- 
ings, temperance meetings, and any other meetings which in the 
judgment of the majority of the board will aid in disseminating in- 
telligence and good morals among the inhabitants of the district. 

The board has exclusive control of the property of the district, 
including the school-house, unless it shall be especially confided to 
ihe care of the clerk. In either case it is important that the trust 
he faithfully discharged — that the furniture, books, fences, grounds, 
•out-houses, etc., be carefully looked after. It will be convenient to 
-devolve this care especially upon the clerk. 

Under the amendment of this section, made by chapter 281, of 
the general laws of 1873, school-boards can purchase school-appar- 
atus, annually, to an amount not exceeding $75. This power needs 
to be exercised with much discretion and caution. The district has 
power to vote a tax for the same purpose, to the same amount. 
(See section 19, sub-section ninth.) When a district has already 
exercised this power, at the annual meeting, it [is not necessary, 
nor 'would it be proper, for the board to purchase beyond 
that. Seventy-five dollars is quite as much as ordinary districts 
€an afford to expend for apparatus in one year. If the district, 
however, takes no action, then the board, if they think best 
imay purchase, and the apparatus most likely to be useful in the 
public schools is: 

1. Reading charts, phonetic charts, reading frames or cases, writ- 
ing spellers. 

2. Writing charts, drawing charts, drawing books. 

3. Numeral frames, arithmetical charts, arithmetical frames, 
cube-root blocks, geometrical forms. 

4. Outline maps, and especially a map of Wisconsin, a map of 
the United States, and a map of the world; also globes and map- 
idrawing scales. 

5. Charts illustrating natural historj^ physiology, and natural 
^science, including color charts. 

6. Blackboards, clock, call-bell, thermometer, microscope, mag- 
aiet. 

The articles first named under each of the above heads are most 
•needed. 

In purchasing, school-boards would do well to deal directly witli 



59 

the houses ill Chicago or elsewhere, which make a business of fur- 
nishing school-apparatus. To this end correspondence may be 
opened with them and circulars and price-lists obtained. It is 
recommended that school-boards first select the simpler and more 
necessary apparatus of which the district may be destitute, and that 
they be cautious in giving orders beyond the reasonable ability of 
the district to pay. It is also suggested that it will be a waste of 
money to purchase apparatus which the class of teachers employed 
will nob be likely to make use of. In selecting a teacher, his or 
her knowledge of common apparatus, and ability to use it, is to be 
taken into account as an important qualification. When anything 
is purchased, measures should be taken at once for its preservation, 
and to this end a case or closet with shelves is needed, which 
should be under lock and ke}'. It will be useful to take advice of 
the county superintendent and of experienced teachers in making 
a choice of articles. The county superintendents are authorized 
by law to approve such apparatus as in their judgment is best 
suited to the schools. 

The question often arises as to what use may be made of the 
school-house. This question may be viewed in two aspects, that 
of custom, and that of law. It has been customary to allow school- 
houses to be used, at proper times, for religious, literary, and other 
meetings; and so long as no injury is done to the property and no 
detriment arises to the school from such use of the school-house, it 
is unobjectionable. It is often the only place in the neighborhood 
in which any kind of public meeting can be held, and the board 
will not usually be blamed for allowing a discreet use to be made 
of the building. They are authorized to do this, as the law now 
stands, but if a majority, or even minority of the tax-payers are op- 
posed to having the school-house used for any other than school- 
purposes, it may be better for the board not to allow the house to 
opened. 

Section 49. The district board shall provide the necessary ap- 
pendages for the school-house, and keep the same in good condi- 
tion and repair during the time a school shall be taught therein; 
and they shall keep an accurate account of all expenses incurred 
by them, and present such account for allowance to the qualified 
voters, at a regular district meeting; and the amount of such ac- 
count, as allowed by such meeting, may be assessed and collected in 



60 

the same manner as other district taxes, but no such account shall 
be allowed at a special district meeting, unless the intention to 
present the same shall be specified in the notice for such meeting. 

It is the duty of the district board to provide the necessary ap- 
pendages for the school-house without waiting for instructions so 
to do from the people of the district. They are also required to 
keep the school-house in good condition and repair during the 
time a school shall be taught therein. This duty should be prompt- 
ly and efficiently performed. Under this section the board has 
power to cause to be built suitable out-houses, and to provide 
blackboards, etc., necessary to the successful management of the 
school. 

Section 50.* The said board shall have power to fill by appoint- 
ment any vacancy that may occur in their own number, within ten 
days after such vacancy shall occur, and if such vacancy shall not 
be filled within ten days, as aforesaid, by said board, it shall be the 
duty of the town clerk to fill such vacancy by appointment. Any 
person appointed to fill a vacancy, upon being notified of such 
appointment, shall be deemed to have accepted the same, unless he 
shall within five days thereafter, file with the clerk or director a 
written refusal to serve; and any person appointed to fill a vacancy, 
shall hold the office until the annual meeting succeeding such ap- 
pointment. In case a vacancy shall occur in a joint district, and 
shall not be filled by the district board, the clerk of the town in 
which the school-house is situated shall fill such vacancy, but his 
appointment shall be indorsed by the clerks of the other town or 
towns embracing a part of said joint district.f 

Vacancies may occur, occasioned by death; refusal to serve (see 
comment upon section 31;) removal from the district; resignation 
of office; conviction of crime; expiration of term of service; and 
removal from office by the governor or county judge. 

The power of the district board and town clerk under this sec- 
tion to fill vacancies, is confined to vacancies resulting from the 
foregoing causes. They are not authorized to set aside an election 
on the ground of a legal incapacity existing at the time, and 
which the voters disregarded. They must, of necessity, decide in 
view of the facts, that a vacancy exists, and in the order making 
the appointment, the facts which have caused the vacancy should 
be stated. 

In case of expiration of a term of service and no election to fill 

* See section 3, chapter 169, general laws 1871. f See forms Nos. 30, 31, and 32. 



61 

the vacancy, it is to l)e understood that the term does not actually 
expire until ten da3's after the annual meeting. The board then 
has power, for ten days, to fill the vacancy, and the town clerk has 
therefore no power to fill it, until twenty days after the annuai 
meeting. When two vacancies in the board exist at the same time, 
the town clerk must appoint. 

A person should not be re-appointed who refuses to serve, or 
whose resignation has been accepted. The statute regards the pen- 
alty for refusing to serve as an equivalent for the service. (See sec- 
tion 124.) 

In case of appointment, the term of office of the appointee ex- 
pires at the next annual meeting, and if a successor is not then 
elected, the incumbent cannot hold the office more than ten days 
after the annual meeting. It then becomes the duty of the board 
to fill such vacancy, and if they neglect to fill it, this duty devolves 
on the town clerk. In case it becomes thus necessary to fill a va- 
cancy in a joint district, the law now j^rescribes that the appoint- 
ment shall be by the joint action of the clerks of all the towns 
concerned, the clerk of the town containing the school-house 
taking the initiative, but obtaining the indorsement of the other 
clerk or clerks. 

SECTiOif 51. The district board may purchase, at the expense of 
the district, when parents or guardians may not be able to furnish 
the same, such school-books as in their judgment may ])e necessary 
for the use of any children attending school in their district, and 
they may include the amount of such purchase in any tax to be col- 
lected in such district. 

A correct account of all purchases made under authority of this 
section should be kept and submitted to the annual meeting. The 
books thus purchased do not become the property of those using 
them. They belong to the district, and the teacher should be di- 
rected to see that they are returned at the close of the term, and 
that they are preserved as other books belonging to the district. 

Section 52. The board shall have power to make all needful rules 
and regulations for the organization, gradation, and government of 
the school or schools established in the district; said rules to take 
effect and be in force w4ien a copy of the same, signed by a majority 
of the board, shall be filed with the clerk; to suspend any pupil from 
the privileges of the school for non-compliance with the rules es- 
tablished by them, or by the teacher with their consent; and to ex- 



62 

pel from the school any pupil who shall persistently refuse or neg- 
lect to obey the rules and regulations above mentioned, whenever, 
upon due examination, they shall become satisfied that the inter- 
ests of the school demand such expulsion. 

The rules and regulations adopted b}' the district board should 
be recorded in their minutes, and a copy thereof should be posted in 
the school-room. The rules should be such as the good of the 
school seems to require. They should be comprehensive and rea- 
sonable. They should be so framed as to aid the teacher rather 
than to supplant him. The district board have full authority to 
organize, regulate, grade, and classify the school, but in all matters 
of this kind they will act under the advice, and so far as practica- 
ble, with the consent of the teacher. The teacher, in the school- 
room, is the executive officer of the board. He must govern the 
school under the law, and according to such rules as are made in ac- 
cordance therewith. The rules and regulations made by the board 
must guide him until they are set aside by competent authorit3^ 

The board have authority to suspend any pupil from the privi- 
leges of the school for non-compliance with the rules established 
bj' them, or by the teacher, with their consent. The right to at- 
tend a common school is a common, not an exclusive personal 
right. The supreme court of Massachusetts (8 Cush,, Mass., R. 164,) 
saj' s, in reference to this right, " like other common rights, (that of 
way for instance,) it must be exercised under such limitations and 
restrictions, that it shall not interfere with the equal and co-exten- 
sive rights of others. Take the. case of a contagious disease, can it 
be doubted that the presence of a pupil infected could be lawfully 
prohibited, not for any fault, or crime, or wrong conduct, but sim- 
ply because his attempt to insist on his right to attend, under sucii 
circumstances, would be dangerous and noxious, and so an inter- 
ruption to the equal and common right?" . In the same case, the 
court held that school-officers have a right to exclude a child for 
open, gross immorality, manifested bv licentious language, manners < 
and habits, though not manifested by acts of licentiousness or im- 
morality within the school; for, -ftys the court, "it is as necessary 
in the unreserved intercourse of pupils of the same school, as well 
without as within its precincts, to preserve the pure-minded, in- 
genious, and unsuspecting children of both sexes from the contam- 
inating influence of those of depraved sentiments and vicious pro- 



63 

pensities and habits, as from those infected with contagious dis- 
eases. 

While there can be no doubt that the board have the power to- 
exclude a child, not for punishment merely, but for the protection, 
of others from vicious influences that would defeat the object for 
which the school is organized, yet we are not to forget that hu- 
manity dictates that we deal gently with erring childhood. Edu- 
cation seeks to deter from vice, and also to reclaim those who have 
become vicious through parental neglect or parental example. Re- 
monstrance and persuasion must be exhausted before suspension 
from school can be justified. Expulsion from school is justified 
only by such insubordination on the part of the pupil as to render 
it impossible to maintain order and discipline v/ithout excluding 
him. The district board should, however, exercise this power, only 
after an earnest effort to avoid a resort to it. Teachers are not 
without infirmities, and their calling sometimes aggravates them; 
and it is the duty of the board to know that there has been no op- 
pressive exercise of power Avhich has led to the insubordination 
that is made the occasion of a punishment so severe. Power must 
always be tempered b}' benignity, and justice must be administered 
in the spirit of mercy. 

In case the board neglects to make and establish rules, as pro- 
vided for in this section, the teacher is not therefore inhibited from 
managing and governing the school according to his best judg- 
ment, nor can any advantage be taken of the fact that his rules 
have not been consented to by the board. In case of serious in- 
subordination he should call ujwn the board to sustain his author- 
ity; and when so called upon, the lx)ard should be careful not to 
weaken his authority by criticising his conduct before the school. 

The opinion which has obtained considerable currency in this 
State, that teachers are not allowed to punish pupils in school, is 
unfounded. The opinion in question arose from a misunderstand- 
ing of a recent decision by the supreme court, (Morrow vs. Wood^ 
35 Wis., 59.) This decision was to the effect merely that where a 
parent directs a child not to take a certain study in school the 
teacher cannot lawfully punish the child for not getting lessons in 
that study. 

Section 53.* The board in each school-district shall have power 
^Amended by chapter 156, general laws 1868, 



64 

under the advice of the Superintendent of Public Instruction to de- 
termine what school and text-books shall be used in the several 
branches taught in the schools of such district. They shall make 
out a list of books to be used in each branch of study pursued in 
such school, and shall file a copy of such list with the district clerk 
and put up one copy in the school-house of such district; and when 
said list of books is adopted, it shall not be changed for the term of 
three years; and any member of a district board in any school-dis- 
trict in this State, or any member of the board of education of any 
city or incorporated village of this State, in which a list of text- 
books has been adopted according to the provisions of this section 
who shall, within three years from the date of such adoption, order 
a change of text-books in such district, shall forfeit a sum of fifty 
dollars. 

It is unwise in the district board to make sudden and sweeping 
changes in text-books. Such changes as are necessary to secure 
uniformity in the school should be made. This is so obvious, and 
so generally admitted as to need no argument. The board should 
determine, by resolution, what school and text-books shall be used, 
and then, after duly recording the resolution, and posting a copy 
in the school-room, they should see that the books adopted are in- 
troduced and used. While the power to select books is left by law 
exclusively in the hands of the district board, it is, nevertheless, 
proper for them to consult w^ith teachers in regard to the subject. 

In selecting text-books all works of a controversial or sectarian 
tendency should be excluded. 

After a series of books, or any single book, map, or chart, card, 
etc., has been adopted, no other work on the same subject can be 
substituted for such series, book, map, etc., within three years, but 
a new book, on a new subject of study, may be added to the list at 
any time. The law does not require that the list should be changed 
eyery three years, but it expressly prohibits changes in text-books 
until they have been in use three years; and it will be observed 
that a penalty is now attached to the violation of the law. 

School officers will find in the annual report of the Sui^erintend- 
ent of Public Instruction, such recommendations in regard to text- 
books, as that officer, in the discharge of the duty imposed upon 
him by statute, has to make. 

We would here call attention to the law of 1875, chapter 315, 
which authorizes districts to purchase text-books. The law is 
printed at the end of this chapter. 



65 

Sectioi^ 54. It shall be the duty of the district board to visit the 
school or schools under their care, to examine into the condition of 
the school and the pro.s^ress of the pupils, to advise and consult 
with the teacher in reference to methods of instruction, manage- 
ment, and g-overnment, and to exercise such general supervision°as 
is necessary to carry out the provisions of this chapter. 

A careful performance of the duty imposed by this section would 

increase the efficiency of our schools. The members of the district 
board should visit the school frequently. These visits should be 
informal, and should be marked by courtesy towards the teacher, 
and kindness towards the pupils; but classes should be examined, 
and the management of the school should be carefully observed. 
An arrangement that will enable the members of the board to visit 
the school in turn, and that will secure a report in writing from 
each person visiting it, is very desirable. 

The board should also invite competent and prudent persons to 
examine the school, and to report to them in writing the result of 
such examination. No business can be successfully conducted with- 
out faithful and intelligent supervision. This obvious rule is es- 
pecially applicable to educational affairs. 

BRANCHES TO BE TAUGHT IN SCHOOL. 

Section 55, Orthography, reading, writing, English grammar, 
geography and arithmetic shall be taught in every district school, 
and such other branches as may be determined upon by the district 
hoard; i^rovided, that no branch of study shall be taught in any 
other than the English language. 

The law wisely provides that those branches essential to a good 
education should be taught in every public school, aud that all 
branches of study shall be taught in the English language. 

The district board should avoid the introduction of any branch 
of study, aside from those required by law, which will tend to prac- 
tically exclude the foregoing. They should insist upon the school 
being so conducted as to secure daily instruction and daily practice 
in reading, spelling, and writing. These branches are often neg- 
lected, and others such as algebra, Latin, and rhetoric are intro- 
duced, to the detriment of all the scholars in the school. It is 
especially necessary that teachers should require their pupils to 
write in connection with every school exercise, from the primary 
school to the university. 
5 Code. 



66 

The law contemplates an English school. The object of the 
public school is to educate children so as to make them good citizens. 
Its instruction, discipline, and government must be of such a char- 
acter as to prepare the young to discharge their duties as citizens of 
a country where the language of the courts, the legislature, and 
the people is the English language. To secure the requisite ability 
on the part of the teacher to carry out this provision of the lavf, 
section 102 provides " that no person shall receive a certificate of 
any grade who does not write and speak the English language with 
facilit3^ and correctness." Teachers who speak other than the 
English language, may be employed, and their knowledge of Ger- 
man or Norwegian may be of great use in teaching the children of 
these nationalities, but every teacher must speak, write, and read 
English before he is legally qualified to teach a public school. 

INSTRUCTIOlsr liiT FOREIGIsr LANGUAGES. 
\_Chapter 50, General Laws of 1869.] 

Section 1. The district board of any school district, or the 
board of education of any incorporated village or city in this State, 
may provide for the instruction of the pupils of the common schools 
in their district, or such as may desire it, in any of the foreign 
languages, not to exceed one hour each day; 'provided^ the teacher 
of such school is competent to give such instruction, or a proper 
instructor for such purpose can be obtained. 

Section 2. All acts or parts of acts, so far as they are inconsis- 
tent with this act, are hereby repealed. 

In consequence of the large and increasing number of persons 
of foreign birth in this State, a law was enacted at the session of 
1869, which provides that one hour in each day may be given to in- 
struction in foreign languages. The intention of this law is not 
to encourage, but rather to limit the introduction of other lan- 
guages than the English into common schools. While it is natural 
that persons of foreign birth should wish their children to read as 
well as speak their native tongue, it is the policy of the State to 
provide that all may learn the common language of the country. 
The law in question was not intended to afiect instruction in the 
classical or modern languages when the same form a part of a course 
of study in high schools. 



INSTRUCTION IN THE CONSTITUTIONS. 
[Chapter 14, General Laws of 1871.] 

Section 1, From <ind after the first clay of September, 1871, the 
constitution of tlie United States and the constitution of the State 
of Wisconsin shall be taught in ail the common schools of this 
State. 

The law does not require that the constitution shall be taught 
to all pupils, irrespective of age, but to such as are advanced enough 
to receive instructioii with benefit. For this purpose text-books 
have been printed at the expense of the State, and six copies, if 
desired, will be sent to any district clerk, on application, if the dis- 
trict has not already been supplied. Graded schools are entitled 
to six copies for each department. 

EMPLOYMENT OF TEACHERS. 
[Chapter 101, General Laws 0/ 1872.] 

The majority of the district board shall contract with and hire 
duly qualified teachers for and in the name of the district, and said 
contract shall specify the wages per week, month, or year, as agreed 
upon by the parties, and said contract so completed shall be filed 
in the office of the district clerk, with a copy of the certificate of 
the teacher so employed attached thereto, and a copy of such con- 
tract shall be furnished by the clerk to the teacher. 

This act, which amended chapter 169, of the general laws of 
1871, (which amended section 42, of the general school-law of 1863,) 
is inserted as section 42, on a previous page, of which it takes the 
place. It gives the power of hiring teachers to the board instead 
of the clerk. The reader is referred to section 42 for comments. 

ATTENDANCE OF TEACHERS UPON INSTITUTES. 
[Chapter 157, General L^aws of 1869 — Eclating to Normal Schools.] 

Section 43. The district board of any school-district are hereby 
authorized in their discretion to give to the teachers employed by 
thein the whole or any part of the time spent by such teacher or 
teachers in attending any regular session or sessions of an institute 
in the county embracing the school-district or any part thereof, 
without deducting anything from his or their wages for the time so 
spent; provided, such teacher or teachers shall furnish to the clerk 
of the district a certificate of regular attendance at such institute, 
signed by the person conducting the same; and whenever the re- 
port of the district clerk shows that the district school has been 



68 

supported for the full terra of five months required by law, includ- 
ing the time spent by the teacher or teachers in their employ in 
attendance at such institute, and that the district board have given 
to the teacher or teachers the time of such absence, and have not 
■deducted from his or their wages for the time so spent, such dis- 
trict shall be included in the annual apportionment of the income 
of the school i'nnd; 2)7-ovided always^ that such school-district shall 
have complied with the laws in all other respects, and is entitled to 
share in such apportionment. 

It is recommended to school-boards to exercise the power here 
given to them, and allow teachers to attend the institutes, without 
deducting the time. The schools will be the gainers, by this gen- 
eral policy. The certificate of attendance required by the law 
should be produced by the teacher. 

DUTIES OF TOWN TREASUREES. 

Section 56. It shall be the duty of the town treasurer of each 
town: 

1. To apply for and receive from the county treasurers all moneys 
apportioned for the use of common schools in his town, and to pay 
the same, together Avith all moneys raised in the town for the sup- 
port of schools, to the treasurers of the districts entitled to receive 
them, upon the order or apportionment of the town clerk. 

2. To pay over to the district treasurer, on demand, all school- 
district taxes raised in each district and collected by him, and the 
amount of all school-district taxes returned to the county treasurer 
of his county as delinquent, whenever the same shall have been 
collected and paid over by said county treasurer; or, if such town 
treasurer shall receive credit from the county treasurer for such de- 
linquent tax, or any part thereof, on account of any demand or 
claim due from such town to said county, then the said town treas- 
urer shall pa,y over the amount of such delinquent tax, or the part 
for which credit has been so received, to the treasurer of the proper 
school-district, on demand thereafter. 

3. On or before the second Monday of Mai'ch, in each year, to 
certify to the town clerk the amount of school-moneys in his hands, 
to be apportioned by said clerk, and immediately upon the receipt 
of any moneys from the State school fund to certify the same to 
the clerk, for apportionment.* 

The town treasurer will hold, subject to the order of the several 
district treasurers of his town, all district taxes collected by him. 
Also all money raised by taxes levied upon the town by the county 
board of supervisors, and all money raised by the town in addition 
thereto, and pay the same over to the several district treasurers, ac- 

* See Form No. 33. 



69 

cording to the apportionment made by the town clerk under the 
law. He will ah-.o receive from the county treasurer, the amount 
apportioned b_v the superintendent of public instruction to his 
town, out of the income of the school-fund, and pay the same over 
to the district treasurer according to the apportionment made by 
the town clerk. The town treasurer will also receive all money 
paid on account of delinquent taxes, and pay the same over to the 
proper district treasurers. No school taxes except district taxes 
Avill be returned delinquent, if the law is complied Avith. (See sec- 
tion 92, chapter 18, of the revised statutes.) 

It is the duty of the town treasurer to notify the town clerk of 
any money which he holds subject to apportionment by said town 
clerk, and to inform district treasurers promptly of any funds in 
^ the town treasury belonging to the respective districts. 

District treasurers are not required to accept any taxes or school 
funds from the town treasurer in anything but cash. 

The certificate required to be^made on or before the second Mon- 
day in March, in each year, must state specifically the several 
amounts received from town and county tax, and the amount of in- 
come unapportioned which remains i:i the town treasur}'; it must 
also include any money apportioned the previous 3''ear, which has 
not been paid over to the district treasurers. 

The following enactment is of interest to school-districts and 
school-ofiicers: 

[Chaplcr <i6— Lairs of 1874.] 

It shall be the duty of town treasurers of every town in this 
State to make annually, on the last Monday in June in each year, 
and forward to the school-district clerk of each and every school- 
district and parts of school-districts in his town, a certified state- 
ment showing the amount of money paid by the town treasurer 
during the year next preceding to the treasurer of such district; 
statement shall specify the date of each payment, the amount of 
such payment and the account upon which such payment is made. 

DUTIES OF TOWN CLERK. 

Section" 57. It shall be the duty of the town clerk, between the 
fifteenth and twenty-fifth days of September in each year, to make 
and transmit to the superintendent of schools for the count}', a re- 
port in writing, bearing date on the fifteenth day of September, in 
the year of its transmission, stating — 



70 

1st. The whole number of school-districts separately set off 
within the town. 

2d. The districts and parts of districts from which reports shall 
have been made to him, or his immediate predecessor in office, 
within the time limited for that purpose. 

3d. The length of time a school shall have been taught in each 
of such districts or parts of districts. 

4th. The amount of public moneys received in each of such dis- 
tricts and parts of districts. 

5tli. The number of children taught in each, and the number of 
children over the age of four and under the age of twenty years, 
residing in each. 

6th. The tvhole amount of money received in the town for school- 
purposes since the date of the last preceding report, setting forth, 
separately, the amount received from the State through the county 
treasurer, the amount levied by the county board of supervisors, 
and the amount raised by the town at its annual meeting. 

7th. The amount of money raised by district tax for school-pur- 
poses. 

8th. The manner in which said moneys have been expended, 
and whether any and what part remains unexpended, with such 
other information as the State Superintendent may from time to 
time require.* 

Blank reports, prepared by the Superintendent of Public Instruc- 
tion are annually sent to town clerks. Such instructions as are 
needed alwaj^s accompany the blanks. 

In towns which have adopted the " township-system of school- 
government," provided for in chapter 182, of the general laws of 
1869, the report required in the foregoing section will be made by 
the " secretary of the town board of school-directors." This law 
Avill be found on subsequent pages. 

Section 58. It shall be the duty of the town clerk to see that 
the annual reports of the clerks of the several school-districts in his 
town are made correctly and in due time, and to receive and keep 
all such reports made to him by the district clerks, with all orders 
and notices of the town board of supervisors relative to the forma- 
tion or alteration of school-districts, and file them in his office; and 
he shall record, in a book kept for that purpose, such description of 
school-districts and organization or alteration thereof, as shall be 
furnishedhim by the board of supervisors. He shall also make and 
keep in his office a map of the town, showing the exact boundaries 
of all the school-districts therein, as appears from records on file, 
and Avhen anew district is formed, shall furnish a map thereof to 
the district clerk. He shall within ten days after his election or 
appointment, report his name and post-ofiice address to the county 

* See Form No. 34. 



71 

superintendent of schools; and the name and posto-ffice address of 
each district clerk, within ten days after the filino- of the same in his 
office. It shall also lie the duty of the town clerk to apportion the 
school-moneys raised by the town and collected hy the town treas- 
urer, on the third Monda}^ of March, and those received from the 
State, through the county treasurer, on the third Monda}" of June 
in each year, or as soon thereafter as the some shall be collected or 
received by the town treasurer, to the several districts and parts of 
districts within the town, in proportion to the number of children 
residing in each, over the age of four and under the age of twenty 
years, as the same shall appear from the last annual reports of their 
respective clerks.* 

SECTiOjsr 59. No money shall be apportioned to any district or 
part of a district, unless it shall appear by the report thereof, veri- 
fied by the affidavit of the clerk of said district or part of a district, 
that a school has been taught therein, b}' a duly qualified teacher, 
for at least five months during the 3'ear ending at the date of such 
report, and that all school-mone.ys received during that year from 
the income of the school-fund, have been applied to thepa3'ment of 
the wages of a legally qualified teacher. 

The duties of town clerks are set forth so plainly as to need no 
special comment. It is to be observed, however, that all moneys 
apportioned by the town clerk must be apportioned according to 
the number of persons over four and under twenty years of age 
residing in the several districts and parts of districts of his town, 
in which five months' school have been maintained during the past 
year. Money must not be apportioned to any district that does 
not furnish the evidence required by section 59: 

1. That a school has been taught therein. 

2. That the teacher thereof was duly qualified. 

3. That the school was maintained at least five months during 
the year (including legal holidays); and, 

4. That an amount equal to that received from the income of 
the school-fund has been applied to the payment of teachers' wages. 

WHAT CONSTITUTES FIVE MONTHS. 
[^Chapter 11, General Laws 1872, amending chapter 168, General Laws 1871.] 

Section 2. In the apportionment of school-moneys in the year 
1871, and annually thereaftei', one hundred days shall be under- 
stood to constitute the five months required by section fifty-nine, 
of the general school-law. 

'•■" See Forms Nos. 35 and 36. 



72 

Ifc will be seen by the foregoing section of the law of 1872, that 
one hundred days constitute five months, instead of one hundred 
and ten, as )-equired by the law of 1871. 

DISTEICTS ENTITLED TO SCHOOL-MONEY IN CERTAIN CASES. 

Section 60. If, after the time when the annual reports of the 
school-districts are required to be dated, and before the apportion- 
ment of school-moneys shall be made, a district shall be duly al- 
tered, or a new district shall be formed in the toAvn, so as to render 
an apportionment founded on such annual reports unjust, as be- 
tween two or more districts of the town, the town clerk shall make 
an apportionment to such districts, according to the number of 
children in each, over the age of four and under the age of twenty 
3^ears, ascertaining the number by the best evidence within his 
reach. 

Section 61. All moneys apportioned by the town slerk to any 
district or part of a district, which shall have remained in the hands 
of the town treasurer, for one year after such apportionment, by 
reason of such district or part of a district neglecting or refusing to 
receive the same, shall be added to the moneys next thereafter to be 
apportioned by such town clerk to the several districts and parts of 
districts in such town, and apportioned therewith. 

No new district is entitled to any public money until it shall 
have had a five months' school; but, if an alteration of a district be 
made, and a new district be formed as the result of such alteration, 
between the time of making the annual report and the time for 
making the next apportionment, the money drawn on account of 
the pupils thus set off from a district, after being reported as pu- 
pils of that district, must be paid to the district in which such pu- 
pils are found. 

Public money of any kind remaining in the hands of the town 
treasurer, for one year, after having been apportioned by the town 
clerk, must be added to the ?jnount to be apportioned for the 
next year. 

statement of district taxes. 

Section 62.* The clerk of each school-district shall, on or before 
the first Monday of November, in each 3'ear, deliver to the town 
clerk of the town in which the district is situated, a statement in 
writing, verified by his affidavit, showing the amount of the tax or 
taxes voted to be raised at the last preceding annual meeting, or at 
the first meeting after the organization of the district, or both, as 

* See chapter 81, general laws 1869. 



73 

the case may require, and the tax voted at any special meeting held 
between the time of the annual meeting and the first Monday of 
November, together with a list of all persons and corporations liable 
to a school-district tax therein. In case of a joint district he shall 
deliver to the town clerk of each town in which any part of the 
district is situated, a statement so veriiied, showing the proportion 
of tax to be so assessed in that part of the district within sucb 
town, together with a list of all persons and corporations liable to 
a school-district tax in that part of the district. Such proportion 
shall be ascertained from the valuation contained in the last assess- 
ment-rolls of the respective towns, and to enable the district clerk 
to ascertain the same, the town clerk of each such town shall, on 
demand at any time after he has received the equalized assessment- 
roll of his town, deliver to the clerk of any such joint district, a 
certified statement of the valuation of real and personal property 
in that part of such district lying within his town, as the same ap- 
pears from said assessment roll. * 

Chapter 81, of the general laws of 1869, changed this section sc 
as to require each district clerk to deliver his statement to the 
town clerk on or before the first instead of the fourth Monday of 
November in each year; and taxes can be voted at a special meet- 
ing subsequent to the annual meeting and included in this state- 
ment, only up to said first Monday. (See Sec. 61.) 

The district clerk is not required to assess the tax, nor to describe 
the real or personal property of those liable to a tax, but only to 
return the names of persons and corporations thus liable. 

By act of April 1, 1854, railroads and plankroads are exempt 
from all but a State tax. Ail other property can be taxed for 
school, the same as for other purposes. 

ASSESSMENT OF PERSONAL PROPERTY. 
[Chapter 207, General Laws 1876, Amendlncj Chapter 78, of 1873.] 

The board of assessors shall place upon the assessment-roll, op- 
posite the name of each person liable to assessment on personal 
property, in a volume prepared for that purpose, the number of 
the school-district in which such personal property is subject to 
taxation. 

ASSESSMENT OF DISTRICT TAX. 

Section 63. The town clerk shall assess said tax, or the due* 
proportion thereof, upon the real and personal property liable there- 
to, placing the same in a separate column in the next assessraent- 

* See Forms, Nos. 37 and 38. 



74: 

roll of his town, delivered to the town treasurer for collection, 
whenever such certificate of the district clerk shall be received by 
him in time therefor, although after the fourth [first] ^Monday of 
November; and if, for any reason, such tax shall not be assessed in 
the next assessment-roll after the tax is voted, it shall be assessed 
in that of the next succeeding 3'ear. The tax shall in all respects 
be collected or returned delinquent like other taxes, and when col- 
lected, the money shall be paid over to the district treasurer; j^^'O- 
vided, that if there shall be a deficiency in cash funds in the town 
treasury to pay all the charges thereon in any year, then the town 
treasurer shall set apart a sufficient amount of such funds to pay 
in full the amount of moneys levied and assessed for common-school 
purposes, and returned taxes collected for any school-district; and 
2)rovided, further, that merchants' and manufacturers' stock shall 
be liable to assessment for school-tax only in the school-district 
where the same is situated. 

The town clerk is required by law to deliver the tax-roll to the 
collector on or before the second Monday of December, and if the 
district clerk should neglect until that time to deliver the state- 
ment required by section 62, the tax cannot be collected until the 
following year. For this reason the statement is required earlier 
than formerly, as stated before. 

Upon the delivery to him of such statement, the town clerk 
should give the district clerk a certificate that he has received the 
same, stating the amount of the tax, and the time when received, 
which certificate should be filed in the office of the district clerk. 

Care should be exercised lest the school-district taxes be aggre- 
gated with the town school taxes. 

If, in any case, the district clerk fails to report the tax to be 
raised, until it is too late to have the same entered upon the town 
tax-list, and the district needs the money, a special meeting may 
be called which may rescind the acts of the annual meeting, recall 
the list certified to the town clerk, and vote a special tax to be col- 
lected as provided for in sections 64 to 75 inclusive. 

LEVY AXD COLLECTION OF TAXES BY DISTRICT OFFICERS. 

Section" 64. Any tax voted at a special meeting held at a time 
not specified in section sixty-two, of this chapter, shall be assessed 
by the district clerk and collected by the district treasurer in the 
manner hereinafter provided, unless the meeting which voted such 
tax shall determine that the same shall be collected by the town 
treasurer, in which case the district clerk shall include such tax in 

* See section 62. 



75 

the statement which bv section sixty-two, of this chapter he is re- 
quired to deliver to the town clerk on or before the fourth Monday 
of November. 

Section 65. The clerk of each school-district shall make out the 
tax-list, and shall enter therein the names of all persons liable to 
pay a school-district tax in such district, the amount of personal 
property to be taxed to each such person, and a description of all 
the taxable real estate in such district; and he shall set opposite to 
each description of taxable property, the valuation of the same and 
the amount of tax charged upon such property, and to each person 
respectively. Such description and valuation of taxable property 
shall be ascertained so far as possible from the last assessment-roll 
of the town.* 

Section 6i). The warrant annexed to such tax-list shall be un- 
der the hand of the clerk of the district and shall command the 
treasurer of such district, to collect from each of the taxable per- 
sons and corporations named in such tax-list, and of the owners of 
the real estate described therein, the several sums set opposite to 
the persons and corporations so named, and to the several tracts of 
land so described, within forty days from the date thereof; and 
within ten days from the date of such warrant, to personally de- 
mand such tax of the persons charged therewith in such lists, if 
they be found within his town; and that if any such tax shall not 
be paid within said ten days, to collect the same by distress and 
sale of personal property, in the same manner as town treasurers 
are authorized to collect town and county taxes; and the said treas- 
urer shall execute said warrant and return the same to the clerk at 
the expiration of the time limited therein for the collection of such 
tax-list. f 

Section 67. If any tax on real estate, in any tax-list delivered 
to the ti-easurer of any district, shall remain unpaid at the time he 
is required by law to return his warrant to the clerk of the district, 
such treasurer shall make out and deliver to the town clerk of his 
town, a statement in writing, containing a description of the lots 
and pieces of land upon which such taxes remain so unpaid, to- 
gether with the amount of tax assessed to each; and he shall make 
and subscribe an affidavit to such statement, before some justice of 
the. peace, or other person authorized to administer oaths, that the 
taxes mentioned in such statement remain unpaid, and that after 
diligent efforts he has been unable to collect the same; and when- 
ever any school-district shall embrace parts of more than one town, 
such treasurer shall make his return as aforesaid, to the town clerks 
of all the towns in which the parts of such district shall be situated.^ 

Section 68. The town clerk, upon delivery to him of such state- 
ment, shall give a certificate to the treasurer of the amount of 
taxes so remaining unpaid, as the same shall appear from the state- 
ment of such treasurer, which certificate shall be deposited by the 
treasurer with the district clerk, and shall be filed by such clerk. I 

* See Form No. 39. J See Form No. 41. 

t See Form No. 40. || See Form No. 42. 



76 

Section 69. The town clerk shall, in making out the duplicate 
assessment-roll of the town next thereafter, enter such unpaid taxes 
in a separate column therein, opposite the description of the land 
upon which taxes so remain unpaid, and such taxes shall be col- 
lected in the same manner as town and county taxes are collected; 
and when so collected shall be paid over to the treasurer of the dis- 
trict in which such taxes were originally assessed. 

Section" 70. The warrant issued by the clerk of any school-dis- 
trict for the collection of any district tax authorized to be raised 
and collected by section sixty-four of this chapter, may be executed 
in any other district or town in the same count}^ or in any other 
count}'- in which any part of such district is situated, when the dis- 
trict is composed of parts of two or more adjoining counties, and 
such warrant shall have the like force and effect as a warrant issued 
by a town clerk for the collection of town and county taxes; and 
the treasurer of the district to whom any warrant may be delivered 
for the collection of a tax-list, shall possess the like powers in the 
execution of the same as are conferred by law upon the treasurers 
of towns in the collection of town and county taxes. 

Section 71. Whenever any error shall be discovered in any dis- 
trict tax-list, and made to appear to the district board, they may 
authorize and empower the clerk to amend and correct such error 
in said tax-list, and may order any moneys which may have been 
improperlj^ collected on such tax-list, to be refunded. 

Section 82. Whenever the clerk of any district shall deem it 
necessary, he may renew the warrant annexed to any tax-list in his 
district for thirty days, but he shall not have power to renew such 
warrant more than once, without the consent of the town clerk of 
the town in Avhich the school-house of such district shall be located, 
which consent shall be indorsed on such warrant.* 

Section 73. When any district tax shall be lawful!}^ assessed and 
paid by any person on account of an 3^ real property whereof he is 
only a tenant at will, or for any period not exceeding three years, 
such tenant may charge and collect of the owner of such real estate 
the amount of the tax so paid by him, unless some agreement to 
the contrary shall have been made by such tenant. 

Section 74. Whenever any real estate in any school-district shall 
not have been separatel}^ valued in the assessment-roll of the town, 
and the valuation of such real estate can not be definitely ascer- 
tained from such assessment-roll, the district board of such district 
shall estimate the value of the same in proportion to the valuation 
affixed in said assessment-roll to the whole tract of which such lot 
or piece of land forms a part. 

In case of special district taxes, not mentioned in section 62, the 
district clerk issues the warrant directly to the district treasurer, 
who makes his return to the district board, and returns the delin- 
quent tax-list to the town clerk, b}' whom it should be regularly 
entered in the next assessment-roll of the town. 

* See Form No. 43. 



EQUALIZATION OF TAXES IN JOINT DISTRICTS, 

Section 75.* Whenever a school-district embraces apart of more 
than one town, it shall be the duty of the town assessors of the 
towns so in part embraced, and they are hereby required to meet 
at the school-house in such district on or before the Saturday next 
preceding the time fixed by law for the return by the town asses- 
sors of the assessment-rolls to the clerk of the county board, and 
shall proceed to inquire and determine whether the valuation of 
taxable property in the assessment rolls of such towns are just, as 
compared with the other, and if considered not to be so, they shall 
determine the relative proportion of taxes to be assessed upon the 
real estate of the parts of such district so lying in different towns. 
If the assessors cannot agree as to the valuation of the real estate 
of the different parts of the joint districts and the proportionate 
amoant of tax to be assessed on each part, they shall call to their 
aid the supervisors of the several towns so embraced; and if the 
assessors and supervisors cannot determine the question, they shall 
call to their aid the chairman of the board of supervisors of an ad- 
joining town, whose vote shall decide the question at issue. Each 
assessor or supervisor refusing or neglecting to act when applied to 
as above set forth, shall be liable to a penalty of twenty dollars to 
be recovered by an action which may be brought and prosecuted by 
any person applying for relief in the matter of taxation. 

In all cases where a school-district is formed of part of two or 
more towns, and whenever there may have been errors or omis- 
sions so as to render the school-tax levied upon the property in any 
of said towns irregular or illegal, and said tax shall not be paid, it 
shall be the duty of the district clerk, when he certifies the amount 
to be collected for the succeeding year, to also certif}' the amount 
so delinquent, to the clerk of said town, Avho shall apportion the 
same in the same manner as is now provided by law for taxes regu- 
larly assessed.f 

The change made in this section devolves the duty of equalizing 
taxes in joint districts upon the town assessors instead of the town 
supervisors, as under the former law, but if they cannot agree, they 
call in the supervisors, and if still unable, the chairman of a neigh- 
boring board, whose vote decides the question. 

TOWNS MAY RAISE ADDITIONAL TAXES. 

Section 76. The qualified electors of each town shall have 
power, at any legal meeting thereof, to vote to raise such a sum of 
money for the support of the common schools, in addition to the 
amount required by law to be raised as they may deem necessar^^ 

*See chapter 98, of general laws of 1871. f See Form N"o. 44. 



78 

ON WHAT PEOPERTY TAXES MAY BE ASSESSED. 

Sectioin' 77. All taxes raised and collected in any school-district 
for any of the purposes authorized by the provisions of this chap- 
ter, except when otherwise provided, shall be assessed on the same 
kind of property as taxes for town and county purposes are as- 
sessed. 

ESTABLISHMENT OF SCHOOL-HOUSE SITES, 

Section 78.* Whenever a school-district shall be unable to obtain 
the school-house site, or addition to such site, selected or designated 
by a majority of the electors thereof present at a regular meeting 
or at a special meeting called for that purpose, on account of the 
refusal of the owner to sell or lease the same for a just and reason- 
able compensation, or on account of the owner being a non-resident, 
such site may be located and established by the town board of 
supervisors in the manner hereinafter provided. 

The town boards of supervisors are not to select school-house 
sites; their duty is to locate and establish them after they shall 
have been designated or selected by the electors of the district de- 
siring to obtain the same. This section was so amended by chap- 
ter 151, of the general laws of 1868, as to enable the supervisors 
to locate and establish an addition to a site as well as the original 
site, 

Section 79. Whenever the electors of any school-district, either 
at their annual or at any special meeting legally called for that 
purpose, shall make application to the board of supervisors in their 
respective towns, the said board upon satisfactory proof being made 
to them, by the certificate of the district clerk, or otherwise, that 
the notices required in the next section have been duly given, shall 
proceed to establish a school-house site for said district ; provided, 
that such school-house site shall not exceed one acre of land; and 
provided, further, that such land when it shall cease to be used as 
a school-house site, shall revert to the original owner, his heirs and 
assigns.f 

Section 80. Upon application made by any school-district, by 
vote as aforesaid, such board shall make out and sign a notice in 
writing, and fix a time and place when and where they will meet 
and decide upon such application, which said notice shall also con- 
tain a brief description of the land upon which it is proposed to lo- 
cate such school-house site, which said notice shall be served by 
the district clerk of said district upon the owners and occupants of 
the land upon which it is proposed to locate such site, at least six 
days previous to the day appointed for such meeting. Such notice 

* See chapter 151 , genei-al laws 1868. t See Form Xo. 45. 



79 

shall be served b}' delivering it to each ov^^ner and occupant of such 
land, who may be residents of this State, or b}' leaving the same at 
their respective residences, with some person of suitable age and 
understanding. And if there be no occupant of such land, and the 
owner or owners thereof be unknown to the said board, or shall re- 
side without this State, then such notice may be served b}' publish- 
ing the same in the newspaper published nearest said land, once in 
each week for six sucessive weeks next before the said day of meet- 
ing.* 

Section" 81. Whenever the said board shall locate and establish 
any school-house site, they shall cause an accurate survey and de- 
scription of the same to be made out, and shall fix and award the 
compensation to be made to the owner or owners for such site, to- 
gether with all damages sustained by such owner or owners of all 
lands so taken. Thej' shall also, within ten days after agreeing 
thereupon, make out and sign duplicate certificates, containing 
their action upon such application, a description of the lands so ta- 
ken, according to the survej', and the amount of compensation and 
damages so awarded to each of such owners, one of which shall be 
delivered to the occupant or occupants of the land so taken for such 
school-house site, and the other to the clerk of said district, Avho 
shall cause the same to be recorded in the office of the register of 
deeds of the proper county; provided, that in case the said board 
shall deem it advisable, they may, before agreeing upon their said 
award, adjourn from time to time, not to exceed in all ten days, and 
that any two of said board may act in the absence of the other.f 

Section 82. The sum of money so awarded b}^ the said board 
shall be paid to the owner of the land upon which such site is lo- 
cated, or in case the owner is a non-resident, or refuses to accept the 
money, it shall be deposited with the treasurer of the district, to 
the order of the owner of said land; and it shall not be lawful for 
said district to occupj' said land without the consent of the owner 
thereof, until such money shall be paid, tendered, or deposited as 
aforesaid. 

Section 83. No land shall be taken for a school-house site except 
by consent of the owner, that may not be taken for highway pur- 
poses, according to section fifty-four, chapter nineteen, of the re- 
vised statutes. 

Section 84. Any person aggrieved b}' the decision of the above 
in the award of damages, may appeal therefrom to the circuit court 
for any county in which such site is situated, by filing with the 
clerk of such district a notice of such appeal, which notice shall 
specify all the grounds of such appeal, within twenty days after the 
receipt of the duplicate certificate mentioned in section eighty-one 
of this act, and paying to the said district clerk one dollar for the 
State tax on the appeal, and one dollar for making the return there- 
to; and thereupon the clerk of such district shall, within twenty 
days thereafter, file with the clerk of said circuit court a certified 
copy of such certificate, together with such notice of appeal and 

* See Forms Nos. 46 and 47. f See Form Xo. 48. 



80 

the date of service thereof, and shall pay to such clerk of the cir- 
cuit court one dollar for the tax on the appeal; and thereupon the 
clerk of such court shall enter an action therein, in which the ap- 
pellant shall be plaintiff and the school-district defendant. The 
issues in said action shall be the legality of all the proceedings of said 
board under this act, and the amount of compensation and dam- 
ages to which the plaintiff is entitled by reason of the taking of 
his lands for a school-house site, as aforesaid. And the issue shall 
be tried without further pleadings, in the same manner as other 
issues of fact are tried in such court, and either party shall be en- 
titled to a jury, and the judgment therein shall be enforced in the 
same manner as other judgments in personal actions rendered by 
said circut court; provided., that in all cases where the question of 
damages is the only issue, and the plaintiff does not recover a 
larger sum than was awarded him by such board, he shall recover 
no costs. 

SECTiO]sr 85.* Whenever the district is situated in two or more 
towns, the said board shall consist of the boards of supervisors of 
each town in which such district is situated. All the provisions of 
this chapter, and all acts amendatory thereof in reference to the lo- 
cation and establishment of school-house sites, shall apply to the 
location and establishment of any addition to a site already located ; 
provided, that no site thus enlarged shall exceed one acre of land. 

Chapter 90, of the general laws of 1868, provides as follows for 
obtaining a school-house site upon the land owned by an infant: 

Sectiois 1. Whenever any school-district in this State, or any 
town board of supervisors in behalf of any such district shall locate 
a site for a school-house upon any lands owned by any infant, or in 
which any infant has an interest, the circuit or county court of the 
county in which said land is situated, may authorize the guardian 
or parent of such infant to execute a perpetual lease of any lands 
of such infant, not exceeding one acre in amount, to be used by 
said district, its successors, or assigns for school-purposes only, and 
when any such land is held in trust for any infant, the trustees may 
be authorized to execute such perpetual lease in behalf of the said 
infant for whom said land is held in trust, and when any such lease 
is executed pursuant to the order of said circuit or county court, the 
same shall pass to and vest in the lessee all the interest of said in- 
fant in said lands authorized to be granted by said court. 

Section" 2. Before granting leave to make and execute said 
lease it shall be made to appear satisfactorily to said court that the 
said premises are needed for school-purposes, that the consideration 
to be paid for the interest of said infant therein is adequate, and 
that the interest of said infant will not be prejudiced by the execu- 
tion of said lease; and before making any such order the court 
shall require the guardian or other person authorized to execute 
said lease to execute a bond to account for and pay over the funds 

■" See chapter 169, general laws 1871, Sec. 6. 



81 

or money received, ;is in cases provided by law for the sale of lands 
of minors. 

COUNTY SUPERINTENDENTS. 

Section SB."" There shall be chosen at the general election held 
on the Tuesday next succeeding the first Monday in November, in 
the year 1861, and biennially thereafter, a county superintendent of 
schools for each county of the State, who shall enter upon the du- 
ties of his office on the first day of January succeeding his election, 
and shall hold the same for two years, and until his successor is 
elected and qualified. In each county of the State having over fif- 
teen thousand inhabitants, according to the last preceding census, 
the county board of supervisors may, at any meeting of said board 
in any year, determine by resolution, to remain in force until re- 
scinded, that there shall be two county superintendents for such 
county; and said board of supervisors shall thereupon divide the 
county into two districts, to be called respectively ''superintendent 
district number one," and "superii-itendent district number two." 
They shall also determine over which of the two disti-icts the su- 
perintendent already elected shall have jurisdiction. The State 
Superintendent shall appoint a superintendent for the other dis- 
trict, who shall hold his office until his successor is elected and 
qualified. A'Vhile such resolution shall remain unrescinded each 
such district shall elect a county superintendent for such district, 
to be called "" count}^ superintendent of schools for district number 
one," or " two," as the case may be; such county superintendents 
of schools for districts shall, within the limits of their respective 
districts, have the same powers and duties as other couuty superinten- 
dents, their terms of office shall be the same, and their election shall 
be conducted and canvassed as provided in this act for the election of 
covinty superintendents; and all the provisions of this act or of any 
other law of this State in relation to county superintendents of 
schools, shall apply to the county superintendents of schools for 
districts, unless the latter shall be expressly exempted therefrom. 

By the amendment of this section, in 1872, (chapter 178.) the 
county board may, at any meeting, divide the county, if containing 
over 15,000 inhabitants, according to the last preceding census, and 
provide for two superintendents, as pointed out, and by another 
amendment, in 1874, (chapter 342,) counties embracing two sena- 
torial districts are not therefore divided into two superintendent 
districts, as previously, this provision being dropped. 

The advantages arising from dividing the largest and most 
densely populated counties, are too obvious to require special re- 
mark. To visit the schools, examine the teachers, and perform the 

* See chapter 178, general laws 1872, and chapter 342, general laws 1874. 

6 Code 



82 

other work necessary, in a county containing from one hundred to 
one hundred and fifty districts, involves more labor than one per- 
son can perform. The importance of thorough and judicious super- 
vision cannot be too highly estimated; and money expended to 
secure the services of men properly qualified for this business, is 
v^ell invested. 

Any action of the board of supervisors, either in dividing the 
county, or in uniting superintendent districts, or in changing their 
boundaries, should be clearly set forth in the notice for the next 
election of superintejidents thereafter. 

Section 87. The laws regulating the election of and canvassing 
the votes for other county officers, shall apply to the election of 
county superintendents. A county superintendent may at any 
time vacate his office, by filing his resignation with the clerk of the 
board of supervisors of his county. His removal from the county, 
or his acceptance of the .office of county supervisor, shall vacate 
his office. 

SECTioisr 88. The county superintendent of schools shall, before 
entering upon the duties of his office, take and subscribe the oath 
of office prescribed by the constitution of this State, before some 
officer authorized to administer oaths, and shall deposit the same 
with the clerk of the board of supervisors. 

The oath of office may be taken at any time after the county 
superintendent is elected, and it must be taken before the close of 
the first day of January succeeding the election. It cannot be 
taken after the date, for the reason that section 86, provides that 
the superintendent shall upon that day enter upon the discharge 
of the duties of his office. When the first day of January fails 
upon a Sunday, the safe course is to take and file the oath upon 
some day of the week preceding. 

If the person elected does not qualify so as to be ready to enter 
upon the discharge of the duties of his office upon the first day of 
January, the previous incumbent will hold the office until a suc- 
cessor is elected and qualified. 

Section" 89. The clerk of the board of supervisors, as soon as he 
has official or other notice of the existence of a vacancy in the of- 
fice of the county superintendent, shall give notice thereof to the 
superintendent of public instruction, who shall appoint a county 
superintendent to fill such vacancy, and the person so appointed 
shall hold the office until the first day of January next occurring 
after such appointment is made. 



83 

Sectiox 90. The count}- superiiiLendent of schools may be re- 
moved from office )3y the judge of the circuit court for the county 
where such count}" superintendent of schools may reside, upon pe- 
tition or satisfactory proof of incompetency or willful neglect of 
duty; p)vvi(le(l, that no such removal shall be valid unless the 
person so removed shall have had at least thirty days notice of the 
charges brought against him, and an opportunity to be heard in. 
his own defense; and that the said circuit judge shall, in case of re- 
moval, certify such removal to the clerk of the county board of su- 
pervisors. 

Sectiox 91. Any person or persons petitioning for the removal 
from office of any county superintendent of schools, shall cause a 
certified copy of such petition, together with a full statement of all' 
charges preferred against him, to be served upon such superintend- 
ent at least thirty days prior to the hearing before the judge of the 
circuit court. No county superintendent shall act as an agent for 
any author, publisher, or bookseller, or receive any fee or reward 
for acting as such agent, and a violation of this provision by any 
county superintendent, shall subject him to removal from office. 

County superintendents are forbidden to act as agents of pub- 
lishers or booksellers. Discretion will suggest to these officers the 
propriety of not making changes in text-books prominent acts in 
their administration; and, while they may, properly endeavor to 
secure a uniformity in the books used in the same school, they 
can seldom make a general change in the text-books used in their 
county, without subjecting themselves to charges, that, however 
ill-founded, may interfere with a successful discharge of their du- 
ties. 

It may be doubted whether any of the text-books now used in 
our schools are so defective as to require their exclusion, and 
whether any are so superidr to all others as to merit special effort 
for their introduction. District officers should be advised not ta 
allow teachers to introduce text-books without express permission. 
The district board should, in the exercise of its authority, prevent, 
any unnecessary change, and should preserve uniformity. In- 
order that the confidence and co-operation of the people may be 
secured, due consideration must be given to the expense attend- 
ing changes in books, and it must not be forgotten that uniformity 
in adjacent rural districts is by no means absolutely necessary to- 
the prosperity of the schools. Attention is here called to the 
amendments of sections 48 and 53. County superintendents ma}r 
render useful service to districts and district boards by their advice 
in the matters of apparatus and books. 



84 

Section 92. Every county superintendent shall have power, and 
it shall be his duty: 

First. To examine and license teachers, and to annul certificates 
as hereinafter provided. 

Second. To visit and examine all the schools and school-districts 
v^ithin his jurisdiction as often in each year as shall be practicable; 
to inquire into all matters relating to the management, the course 
of study, and mode of instruction, and the text-books and discipline 
of such schools, and the condition of the school-houses, sites, out- 
buildings, and appendages, and of the district generally; to advise 
with and counsel the district boards in relation to their duties, and 
.particularly in relation to the construction, warming, and ventilation 
of school-houses, and the improving and adorning of the school- 
grounds connected therewith, and to recommend to school-officers 
^nd teachers the proper studies, discipline, and management of the 
•schools. 

Third. To direct, after proper examination, the district board to 
make any alteration and repairs which shall in his opinion be nec- 
essary to the health, comfort, or progress of the pupils, and to 
abate any nuisance in or upon the premises; providing., the same 
can be done at an expense not exceeding twenty-five dollars. 

Fourth. To /nake an order in concurrence with the chairman of 
the board of Supervisors of the town in which any school-house is 
situated, which is unfit for school-purposes, reciting the reasons, if 
they deem it unfit for further use, and not worth repairing, and to 
deliver the order to the clerk of the district in which such building 
is situated, and to transmit one copy of said order to the clerk of 
the town, and another to the superintendent of public instruction; 
and such order shall take efi'ect from and after the date mentioned 
therein, unless for cause shown within thirty days after said order 
is delivered to the district clerk, it shall be overruled by the Super- 
intendent of Public Instruction ; and from the time the said order 
shall take effect, the district shall not be entitled to share in any 
appropriation of the income of the school-fund for any school kept 
in said building so declared unfit for school-purposes. 

Fifth. To examine any charge affecting the moral character or 
ability to teach of any teacher within his county or district, first 
giving such teacher reasonable notice of the charge, and an oppor- 
tunit}^ to defend himself therefrom ; and if he finds the charge sus- 
tained, to annul his certificate, b}^ whomsoever granted, and if the 
teacher so declared unfit to teach holds a certificate from the Super- 
intendent of Public Instruction, or a diploma of a State normal 
school, then to notify the State Superintendent of such annulment 
without dela3^ 

Sixth. To report annually to the board of supervisors of his 
county the condition and prospects of the schools under his super- 
vision; to receive from the town, city,* or village clerks, abstracts 
of the reports of the several district clerks, and to transmit the 
same as required by law, to the State Superintendent, as also an- 

* See chapter 128, general laws 1870, following section 44. 



85 

uiifilly, Ijefore the first day of May, the name and post-office address 
of each town clerk of his county or district, and to report from 
time to time such other facts relating to education as the State Su- 
perintendent may require, or the laws may prescribe. 

Seventh. To organize and conduct at least one institute for the 
instruction of teachers in each year, and to advise in all questions 
arising under the operations of the school-laws in his count}' or. 
district. 

In the discharge of the duties imposed upon county superinten- 
dents by this important section, these officers will find opportunity 
for doing inestimable good. To properly perform them will re- 
quire the exercise of patience, prudence, and firmness. 

1. The examination of teachers should be confined to ascertain- 
ing their qualifications in respect, /f'/v^?, to moral character; second., 
learning; {Jiird., ability to teach. 

A superintendent can inflict no greater wrong upon a commu- 
nity than to license a man of immoral character as a teacher. 
When the superintendent is not acquainted with the applicant, 
testimonials as to his moral character should be required, which 
should be explicit, and from persons of nnquestionable integrity 
who are intimatel.y acquainted with said applicant. Persons of 
questionable morals and bad manners should never be permitted 
to engage in the businees of teaching. The example of the 
teacher influences the character of his scholars, hence it should 
always be such as to inspire confidence. While no religious test 
can be required, a person who is habitually profane, or sectarian 
in spirit, or uncharitable towards those of a faith different from 
his own, or indiscreet in the utterance of his religious or political 
views, ought not to be permitted to enter a public school as a 
teacher. Neither should a person receive a certificate of good mor- 
al chctracfer who is not truthful, temperate, orderly, honest, and 
prudent. A teacher should be courteous, simple in his tastes, kind 
and considerate toward the unfortunate, just in his dealings, patri- 
otic, public spirited, and pure minded. 

As to the learning of applicants the law specially sets forth the 
branches in which they must be examined, and the different cer- 
tificates county superintendents are authorized to grant. The 
method of examination required is by written and oral questions. 
Questions to be answered by writing should be prepared with great 
care. They should be definite, involving principles rather than 



facts, and sufficient in number to test the knowledge of the teacher. 
The questions are generally printed on slips of paper, the superin- 
dent exercising due care to prevent candidates for certificates from 
knowing beforehand what they are. All necessary preparation 
should be made, such as providing a room where teachers can 
write; removing all temptation to aid or seek aid; obtaining paper, 
ink, pens, etc.; seeing that the blackboard is in good order and 
that rubbers and crayons are at hand, and that the room is warmed, 
lighted, and ventilated. The time appointed for meeting should be 
such as will enable all who design to attend to be present, and no 
allowance should be made for a failure consequent upon tardiness 
or unnecessary absence. The time alloted for each set of questions 
should be stated on the paper containing the printed questions, 
and such rules should be established as will preclude communica- 
tion or interruption during the time of examination. As a rule the 
examiner should not know the name of the person whose papers 
he examines. 3y numbering the candidates and requiring them to 
use the numbers instead of their names in signing their papers, 
there will Be no suspicion of partiality. The name and correspond- 
ing number of each candidate should be written on a card. The 
cards should be collected and carefully laid aside until the results 
of the written examination are determined; and the owner of each 
paper may be known by finding the name on the card correspond- 
ing with the number on the paper. 

All papers should be preserved b}" the superintendent, and so 
arranged that reference may readily be made to them. In case of 
complaint, an}^ errors that may have been committed may thus be 
corrected. 

In *' marking" or determining the standing of candidates, ten 
should be taken as the maximum. The writing, pividuation, and 
spelling should be correct. No attainments in science can be taken 
as an equivalent for the deficiencies in the "common branches." 

In conducting the examination ora?///, such notes should be made 
by the examiner as will enable him to avoid errors of judgment. 
Pronunciation, choice of words, facility of illustration, ability to 
use the crayon at the blackboard, power ol expression, use of the 
voice, self-possession, manners, and, in general, scholarly culture, 
are the things to be observed in the oral examination. If a person 



does not possess these in some tolerable degree, he cannot teach 
and ought not to be licensed. 

If convenient, a class of pupils may be present at the place of 
examination, and candidates for certificates may be required to 
conduct class exercises in presence of the examiner. This will af- 
ford a good opportunity for the person examined to show his meth- 
ods of teaching. One Avho fails to stand this test can seldom be 
trusted with a school. 

In many cases too little time is given to the examination. No 
person can properl}' examine twenty or thirty teachers in a single 
day. At least ten hours diligently' employed are necessarj' to en- 
able the examiner to i^ass upon the qualifications of twenty teach- 
ers seeking the lowest grade of certificate. In case the candidates 
are well known to the county superintendent, as persons who have 
successfully taught school, less time is required. 

A record of all examinations should be kept. The names of ap- 
plicants with their ages and residences, and the grades of those 
licensed, should be carefully and accurately recorded. The dates 
of examinations and of certificates ought to be preserved as a por- 
tion of the pei-manent records of the ofiice, and all papers relating 
directly or indirectly to examinations, should be preserved, ar- 
ranged, and filed for future reference. 

The superintendent should invite persons of suitable qualifica- 
tions to aid him in the oral examination, and thus excite an inter- 
est in the town where the examination is held. 

'' Ability to teach '" involves more than mere learning. One who 
does not speak the English language with fluency, coi'rectness, and 
good taste, cannot teach the branches required " in the English 
language, *' as the law provides. It also involves knowledge of the 
usages of society, and of the rights of parents and children; also, of 
the laws relating to public schools, property, reputation and life. 
To teach requires courage, fortitude, forbearance, discretion and 
patience; hence, granting certificates to boys and girls is a violation 
of the spirit of the law, and shows a want of common sense. Too 
many of our public schools are in charge of those who lack all the 
important qualities constituting a true teacher, and whose qualifi- 
cations are limited to ability to spell, read, Avrite, parse, and cipher. 

Certificates of a higher grade should never be granted to those 
who have not had an opportunity of testing their ability to teach, 



but the superintendent should lose no time in recognizing this 
qualification where it is found to exist. 

The power conferred by law upon county superintendents, to 
annul certificates, should be exercised with discretion and firmness. 

Deficiency in learning and ability to teach, or immoral charac- 
ter, constitutes a ground for annulment. If a teacher's deficiency 
relates to learning, and it is within the knowledge of the superin- 
tendent, he should re-examine him; and if it relates to bad mor- 
als, he should investigate the matter, giving the teacher proper no- 
tice, and if he fails to exculpate himself his certificate may be an- 
nulled. Incase of complaint made to the superintendent by others, 
the teacher should receive notice of the time and place at which he 
will be examined, and at Avhich proof will be heard on behalf of 
both complainant and teacher. 

When the complaint relates to the moral character of the 
teacher, full opportunity must be given him for his deiense. He 
should be made acquainted with the precise charges affecting his 
character, and ample time should be allowed him to prepare proofs 
and to bring witnesses to explain or disprove the charges. 

The superintendent should not subject the teacher to a public 
accusation, unless some person shall make complaint to him and 
sustain it by his own oath, or that of witnesses whom he produces. 
All testimony should be reduced to v/riting. It is for the com- 
plainant to produce the evidence of the charges he prefers. The 
accused is entitled to the privilege of cross-examining witnesses, 
and is not bound to offer any testimon}' until something is proved 
against him. 

As an appeal may be taken from the action of the county super- 
intendent to the Superintendent of Public Instruction, the former 
should take full minutes of the testimony, as it is given, as nearly 
as possible in the language of the witnesses. 

2. The duty of visiting schools is among the most important of 
those required of the county superintendent. School visitation 
depends for its efficiency upon the manner in which it is performed. 
A stated, formal visit does no good, and sometimes does harm. A 
short call, without an opportunity to learn anything of the real 
condition of the school, is useless. 

The visits should be quite unceremonious, unexpected by teach- 
ers and pupils, and the superintendent should, besides observing 



89 

the routine of the sciiool-room, inform himself in regard to the 
progress and attainments of the pupils. He should examine class- 
es in spelling, reading, and writing, in preference to those in alge- 
bra, French, and rhetoric, and should show both teacher and schol- 
ars than he attaches more importance to those branches that con- 
stitute the foundation of education, than to those, a superficial 
knowledge of which may be obtained by very poor scholars. The 
teacher's method of classification should be examined. It some- 
times happens that scholars are hastily assigned to the wrong class, 
and there allowed to remain for months, on account of the indiffer- 
ence or ignorance of the teacher. If classes can be consolidated 
with advantage it should be done, and the superintendent should 
feel that he, as well as the teacher, is responsible for the progress 
of every school in his county. 

The school-register should be examined, and if not kept as re- 
quired by law, such instruction should bo given and such measures 
taken as will lead the teacher to keep it in proper form. The con- 
dition of the school-library, apparatus, maps, etc., should be ascer- 
tained and noted. The desk, blackboards, furniture, stove, win- 
dows, doors, woodshed, fence, outhouse, etc., should be inspected, 
and a report of the condition of the school, school-house, and sur- 
roundings, should be made to the district board in writing. Such 
suggestions as are required may also be made. The district officers 
should be reminded of the annual district report, and the necessity 
of accuracy and promptness in making it should be enjoined upon 
them. The manner in which the district records and accounts are 
kept, should be made a subject of investigation, and if necessary of 
advice. Attention should be given to the certificate of the teacher^ 
and if public money is paid to teaciiers not qualified, the conse- 
quences of such disregard of lav/ should be pointed out and mea- 
sures taken to prevent it. No person has a right to teach in a 
public school who does not hold the certificate of qualification re- 
quired; no officer has aright to pay a dollar upon an order in favor 
of such unqualified teacher; the clerk and director who draw the 
order are misappropriating public money; and the duty of the 
county superintendent is to prevent this unlawful practice. 

The superintendent should seek to remove difficulties growing 
out of changes in district boundaries, family animosities, or dissat- 
isfaction with the action of school-officers. He should invite the 



90 

people of the district he is visiting to meet him at the school- 
house, and should then address them upon the educational inter- 
ests of their district. The address should he plain, pointed, and 
pertinent. No adulation or flattery should he indulged in. The 
results of observation and examination should be given with such 
plainness as discretion and good taste will warrant. An effort 
should be made to instruct and improve rather than please. The 
people always respect an earnest, truthful man, but they are merci- 
less towards a timid, hyiDocriticai one. 

If practicable, a report of the condition of each school shoidd 
be made in writing to the district board. Their attention should 
be particularly called to those things that are necessary for the 
comfort, health, and progress of the children. The school-register 
will furnish, if properly kept, facts that may be made the basis of 
calculations in regard to attendance, absence, irregularities, etc., 
that will be both interesting and instructive. It is also well to 
address a communication to the teacher, commending what de- 
serves approval and calling special attention to those things that 
need correction. 

INSTITUTES. 

It is made the duty of the superintendent to hold institutes, and 
at least one should be held each year. Such preparation should be 
made as will secure a prompt and general attendance. A suitable 
room, well ventilated, properly warmed, and furnished with desks, 
blackboard, etc., is indispensable. By proper effort the co-operation 
of the people in the vicinity of the place where the institute is 
held, may be secured. Care should be taken not to tax the hospi- 
tality of the people for the benefit of those not engaged in teaching. 
In some instances, persons not interested in the objects ot an in- 
stitute, attend it for the purpose of enjoying, free of expense, the 
novelty of a visit to the town in which it is held. 

The notice for the institute should suggest to the teachers the 
necessity of bringing with^them paper, pencils, note-books, and such 
school-books as may be required. 

Arrangements should be made for addresses, and if the superin- 
tendent deems it advisable, some prominent teachers may be secured 
to conduct the institute exercises. For a few years past the board 
of normal regents has granted aid to institutes out of the income 



91 

ot the normol school-fund. If preferred, an agent is furnished to 
conduct the institute. The law regulating this matter will be 
found on a subsequent page. 

The programme should, if practicable, be published with the no- 
tice, and should be strictly adhered to during the time the insti- 
tute is held. A portion of each session should be devoted to dis- 
cussion, and the superintendent should be prepared to answer such 
questions in regard to the school-law, and school-matters general- 
ly as the teachers may wish to ask. Punctuality, regularity and 
good order should be maintained, and an effort should be made to 
render the institute a model school in its methods of recitation, in- 
struction, and general arrangement and management. 

The county superintendent should preside, a secretary and busi- 
ness committee should be appointed, and in all respects the insti- 
tute should be a well-ordered and business-like body, diligently 
doing its appointed work. No time should 1)e frittered away in 
excursions, pic-nics, or parties. 

Particular attention is called to the acts of 1872 and 1876, pro- 
viding for normal institutes of two or more weeks duration. 

EXAMINATION OF TEACHERS. 

Section 03. It shall be the duty of the county superintendent 
of schools in each county, to divide his county into inspection dis- 
tricts, to be bounded by town lines, and not to contain more than 
four towns each; and to hold, in and for each such inspection dis- 
trict, at least two meetings in each year, for the examination and 
licensing of teachers, of which meetings at least thirty days' writ- 
ten notice shall be given to each school-district clerk in the inspec- 
tion district for which the meeting is to be held, and by him posted 
in some conspicuous place in his district. Such notice shall con- 
tain the names of the towns embraced in the inspection district, 
and the time, place, and objects of the proposed meeting. The ex- 
aminations of teachers thus held shall be public, and shall be con- 
ducted by written and oral questions and answers. They shall be 
uniform for the county in which they are held, and no certificate of 
qualification shall be given except in accordance with the provis- 
io2is of law respecting teachers' certificates. 

Section 94. Whenever, on account of sickness, absence from 
the county, or an}' other cause, any person desiring a certificate of 
qualifications as a teacher, shall be unable to attend the examina- 
tion as aforesaid, such person may be examined at any time by the 
superintendent, without giving the notice required by the preced- 
ing section, and upon such examination, if found qualified, shall 
receive a certificate, which shall remain in force until the next regu- 



92 

lar meetins; for examination of teachers in the inspection district in 
which such teacher is engaged in teaching; provided, that the 
county superintendent, before examining and licensing such appli- 
cant, may require of him or her satisfactory' proof that the absence 
of such applicant from the last regular meeting for the examination 
of teachers, in the inspection district in which he or she resided, 
was necessary and unavoidable upon the part of said applicant. 

The county superintendent should always satisfy himself that 
the absence of an applicant from the public examination was nec- 
essary and unavoidable. Although the certificates granted at spe- 
cial examinations are of short duration, yet the candidate should 
not be less thoroughh^ examined than if present at a public exami- 
nation. Further remarks upon examination will be found under 
section 92. 

SALARY OF COUNTY SUPERINTENDENT. 

Section 95.* The compensation of the county superintendent 
of schools shall be fixed by the county board of supervisors, and 
shall be paid quarterly in'cash by the county treasurer; and the su- 
pervisors may decide whether said compensation shall be an annual 
salary or a per diem, to be estimated and prescribed by said super- 
visors as follows: In counties and districts containing more than 
five thousand and less than ten thousand inhabitants, if the com- 
pensation be an annual salary, it shall not be less than five hundred 
dollars nor more than eight hundred dollars; and in counties and 
districts containing more than ten thousand inhabitants, it shall not 
be more tban fifteen hundred dollars nor less than eight hundred 
dollars. If the supervi;ors of any county shall decide that the 
compensation of the superintendent shall be a per diern^ they shall 
fix the same at not less than three dollars nor more than five dol- 
lars; and they may limit the number of daj^s^ service to be rendered 
by the superintendent so that the whole sum to be paid him in any 
one year, in a county containing more than five thousand and less 
than ten thousand inhabitants, shall not exceed eight hundred dol- 
lars nor be less than five hundred dollars, and in a county contain- 
ing more than ten thousand inhabitants, shall not exceed fifteen 
hundred dollars, nor be less than eight hundred dollars; j)^'Ovided^ 
that each superintendent serving for a jj^t diem^ shall present to 
the clerk of the board of supervisors, quarterly, before receiving 
the compensation due him, a sworn statement showing the number 
of days actually and necessarily spent by him in the discharge 
of his duties during the preceding quarter; and no compensation 
shall be allowed him for any other than the days thus specified. 
The board of supervisors shall allow for stationery, postage, and 
printing, such amount as the county superintendent shall certify to 

* See chapter 177, general laws 1869. 



93 

be actually necessary not exceeding; one hundred dollars in counties 
and districts containing less than five thousand inhabitants, and 
two hundred dollars in counties and districts containing more than 
five thousand. 

Section 96.^ Every incorporated city having a board of educa- 
tion, a sui^erintendent of schools, or other board or officer with 
power to examine and license teachers, and supervise and manage 
the schools, shall l)e exempt from the provisions of this act relating 
to county superintendent of schools, except in the matter of mak- 
ing reports to the superintendent of the disti'ict in which such city 
is situated. The electors of such city shall have no voice in elect- 
ing a county superintendent, nor shall the members of the county 
board of supervisors from said city have any voice in determining 
or providing for the compensation of such couuty superintendent, 
or in any other matter relating to such officer; nor shall any tax 
be levied on said city to pay the salary or per diem of such superin- 
tendent, nor shall the population of such city be enumerated or 
counted with the other inhabitants of the county by the board of 
supervisors in estimating or determining the compensation of sucli 
superintendent. 

Section 97. The board of supervisors of each county shall, 
when they levy the county school-tax for each year, add thereto 
and apportion among the towns, cities, and villages in such county, 
an amount sufficient to pay the compensation of the count}^ super- 
intendent of schools in and for such county, and all necessary ex- 
penses of printing for the use of schools in such county for that 
year, which amount shall be levied and collected in cash as a part 
of the county school-tax for such county, and shall be paid over to 
the county treasurer of such county, with the county-tax, by the 
several town, city, and village treasurers; provided^ that no part of 
said amount shall be apportioned to or levied upon any incorpor- 
ated city whose board of education shall have elected as provided 
for in the last preceding section. 

The tax levied to pay the salary of the county superintendent, 
and all necessary expenses for printing, etc., must be assessed in 
addition to the tax levied annually for school-purposes, and must 
be collected with it. This tax cannot be made a part of that re- 
quired by chapter 18, revised statutes, (amended by chapter 40, of 
the general laws of 1866,) but after the latter has been levied, the 
amount necessary for all the expenses growing out of the county 
superintendency, must be levied and apportioned among the sev- 
eral towns under the jurisdiction of the county superintendent, in 
proportion to the assessed valuation of each town. 

Section 98. The county superintendent shall, on or before the 
* See chapter 177, general laws 1869. 



94 

tenth day of October, in each year, make and transmit to the State 
Superintendent, a report in writing, setting forth the whole number 
of towns in his county, distinguishing those from which the re- 
quired reports have been made to him by the town clerks, and con- 
taining an abstract of their reports, and he shall file a copy of such 
report in the office of the clerk of the county board of supervisors. 

All necessary instructions accompany the blanks annually fur- 
nished to county superintendents from the oiSce of the Superin- 
tendent of Public Instruction. The greatest care should be exer- 
cised in making the annual report required by section 98, for it is 
upon it that the annual apportionment is made. 

Section 99.* He shall also Avithin the time mentioned in the 
preceding section make and deliver to the county treasurer a writ- 
ten statement of the Avhole number of children in each town in the 
county over the age of four and under the age of twenty years re- 
turned from districts which have maintained school for five or more 
months during the past year, as appears from the town clerk's 
report.f 

This statement is needed b}' the county treasurer, in order that 
he may test the correctness of the apportionment of the income of 
the school-fund, made through him to the several towns of the 
county, and is to be filed with him on or before the 10th day of 
October in each year. 

This statement must clearly show the number of children over 
four and under twenty years of age residing in the respective 
towns in districts that have maintained school at least five months 
during the next preceding A^ear. 

teachers' certificates. 

Sections!" 100. Every applicant for a situation as a teacher in any 
of the common schools of this State, shall be examined by the 
county superintendent of schools of his county, in regard to moral 
character, learning and ability to teach, and if found qualified, shall 
receive a certificate as hereinafter provided. 

SectiOjST 101. There are hereby established three grades of teach- 
ers' certificates, to be known as certificates of the first, second, and 
third grade, respectively, as the case may be. Each certificate 
shall show the branches of stud}* in Avhich the holder has been ex- 
amined, also the relative attainment of the applicant in each. 

Section 102. Every applicant for a certificate of the third grade 
shall be examined in pronounciation, orthography, reading, pen- 
manship, intellectual and Avritten arithmetic, English grammar, 

* See chapter 156, general laws 1868. t See Form No. 52. 



95 

tjeography, history of the United States, and the theor,y and art 
of teaching, and, if found qualified, shall receive a certificate which 
shall qualify the holder to teach in any town in the county in which 
he is examined; i)rorided, that the county superintendent may lim- 
it such certificate to any town in the county, and ma}' also issue 
limited third-grade certificates for a less period than one year, and 
for a particular district, whenever by examination he is satisfied 
that the applicant is not qualified to teach in every district of the 
town for which he is licensed; and prodded, further, that no per- 
son shall receive a certificate of any grade who does not write and 
speak the English language with facility and correctness. 

Candidates for the third grade certificates should be required to 
spell correctly the words of any ordinary sentence, dictated by the 
examiner, to pronounce with facility and correctness common words, 
aud to read distinctly and intelligibly any passage from an ordinary 
reading book; to work readily the less difficult questions in common 
arithmetic; to parse any sentence of good prose; to have a knowl- 
edge of the elements of geography and history; to write a plain 
hand, and to exhibit good taste in the arrangement of words and 
paragraphs. The third grade certificates were intended for tempo- 
rary licenses, to be granted to persons of limited attainments and 
little experience; but the result proves that too many teachers and 
officers are content with this grade. Earnest efforts are needed on 
the part of the superintendents to bring about a better state of 
things, and to induce more teachers to seek certificates of a higher 
grade. District officers can greatly contribute to this result by 
seeking tiie best teachers, and they will find it the best economy 
in the end, although wages paid to such teachers may be higher. 

Limited- third grade certificates should be granted only when 
necessity requires. 

Section 103.* Every applicant for a certificate of the second 
grade, shall be examined in all the branches required for a certifi- 
cate of the third grade, and in addition thereto, in grammatical 
analysis, physiology, physical geography, and elementary alge- 
bra, and if found qualified, shall receive a certificate which shall 
entitle the holder to teach in any town in the county in which he 
is examined, and which shall be in force for one year from the date 
thereof. 

Applicants for a second grade certificate should understand the 
rules of pronunciation and elocution, and be able to read with in- 

* See chapter 169, tlie generai laws 1871, Sec. 7. 



96 

telligence and expression; they should write a plain, bold hand, 
and be able to teach some good S3^stem of penmanship; they 
should thoroughly understand commercial arithmetic, and be able 
io teach book-keeping by single entry; they should write grammat- 
ically and compose with facility, and should have, in addition to a 
thorough knowledge of the branches required for a third-grade cer- 
tificate, a good knowledge of the additional branches required for 
the second grade. 

SECTioisr 104. Every applicant for a certificate of the first grade, 
shall be examined in all the branches in which applicants for certifi- 
cates of the second and third grades are examined, and in addition 
thereto, in higher algebra, natural philosophy, and geometry, and 
if found qualified, shall receive a certificate which shall entitle the 
holder to teach in any towm in the county in which he is examined, 
.and which shall be in force for two years from the date thereof 

Certificates of the first grade should be granted only to those who 
have had experience in the profession, and who have been emi- 
nently successful in the government of schools. Ever}" qualifica- 
tion heretofore indicated as necessary or valuable to a teacher should 
be possessed by those who receive from the county superintendent 
ithe highest testimonial which he is empowered to give. 

Superintendents must, however, rely upon their own judgment, 
rather than upon rules and regulations respecting the examination 
of candidates, for most will come far short of anj^ ideal that may be 
formed of the true teacher. 

EXAMINATION" IlSr THE CONSTITUTIOKS. 

'Chapter 14, of the general laws of 1871, provides as follows: 

Section 4. From and after the first day of September, 1871, 
^>very applicant for a teacher's certificate shall be examined in the 
Constitution of the United States and the constitution of the State 
of Wisconsin, and before receiving a teacher's certificate shall reach 
a standard of attainment equal to that required in other branches 
of study. 

This provision applies to certificates of every grade, whether 
granted by county superintendents or the State Superintendent. 

Section 105. Each county superintendent of schools may de- 
mand an examination in such additional branches as the applicant 
may be required to teach, and whenever he shall deem it necessary, 
may require a re-examination of any teacher in his county for the 



97 

purpose of ascertaining his qualifications to continue as such teacher. 

Section 106. The county superintendent of each county shall, 
under the advice and direction of the State Superintendent, estab- 
lished for his county the standard of attainments in each branch of 
study which must be reached by each applicant Ijefore receiving a 
certilicate of either grade, and the standard so established shall be 
uniform for the county. 

Section' 107. No school-district clerk shall have power to con- 
tract with a teacher unless such teacher shall have a certificate of 
qualification in force at the time of making such contract; and 
when a district is composed of parts of two or more counties, the 
clerk of said district shall not have power to contract with a teacher 
unless such teacher shall have a certificate of qualification signed 
by the superintendent of the county in which the school-house is 
situated, and in force at the time of making such contract. 

Section 108. The county superintendent may annul any cer- 
tificate given by him or his predecessor in office, when he shall 
think proper, giving at least ten days previous notice in writing to 
the teacher holding it, and to the district board of the district in 
which he may be employed, of his intention to annul the same.* 

Section 109. The annuling of a certificate shall not disqualify 
the teacher to whom it is given, until a notice thereof containing 
the name of the teacher, the time when the certificate was annuled, 
and the reasons of such annulment, shall l^e filed b}' the county 
superintendent in the office of the town clerk of the town in which 
such teacher is engaged in teaching. 

Section 110. Any person refused a certificate as a teacher by the 
county superintendent, ma}' apply to the State Superintendent for 
a re-examination; and if upon such re-examination the State 
Superintendent shall be satisfied that the applicant is legally quali- 
fied, he shall issue a certificate which shall have the same force, and 
entitle the holder to the same privileges, as if he held a certificate 
from the county superintendent; provided, that any county super- 
intendent refusing a certificate to an applicant, upon demand, shall 
give such applicant a written statement of the reasons why he, the 
said superintendent, refuses to issue such certificate; Avhich state- 
ment shall in all cases be presented to the State Superintendent by 
the person requiring a re-examination. 

An appeal from the action of a county superintendent in re- 
fusing to grant a certificate, must be conducted according to the 
rules and regulations of the department governing appeals. As 
the county superintendent fixes the standard of attainments under 
the advice of the Superintendent of Public Instruction, no appeal 
need be taken under the impression that the standard will be low- 
ered. The forms and rules to be observed by a teacher in taking 
an appeal will be found under section 122. 

* See Forms Nos. 53 and 54. 

7 Code 



98 

STATE TEACHERS^ CERTIFICATES. 

The law authorizing the State Superintendent to "issue State 
certificates of high grade to teachers of eminent qualifications," 
(chapter 169, general laws of 1868,) is as follows: 

Section 1. The State Superintendent of Public Instruction is 
hereby authorized to grant State certificates to teachers, in the 
manner hereinafter provided. 

Se<jtion 2. The State Superintendent shall, before each exami- 
nation held under the provisions of this act, appoint three compe- 
tent persons, residents of this State, who shall constitute a board of 
examiners, and who shall, under rules and regnlations, to be pre- 
scribed by the said Superintendent, thoroughly examine all persons 
desiring State certificates in the branches of study in which appli- 
cants are now required to be examined by county superintendents 
for a first grade certificate, and in such other branches as the State 
Superintendent and said examiners may prescribe. 

Section 3.* If the examiners shall be satisfied that an applicant 
possesses the requisite scholarship in all the branches of the studies 
before mentioned, or in the branches of study in which applicants 
are now required to be examined by county superintendents for a 
first-grade certificate, and in the branches hereinafter i mentioned, 
they shall certify the fact to the State Superintendent, and if such 
applicant shall furnish evidence of good moral character, experi- 
ence, and success in teaching, he shall thereupon issue to the appli- 
cant passing a successful examination in all the branches of the 
studies above mentioned, a certificate, which shall be valid until re- 
voked; and to the applicant passing a successful examination in the 
studies now required for a first-grade certificate as heretofore de- 
scribed, and in mental philosophy and English literature, he shall 
issue a certificate, which shall be in force for five years from the 
date thereof; and either of said certificates shall qualify the holder 
to teach in an.y public school in any city, town, or school-district of 
this State, without any further examination by any cit}^ or county 
superintendent or board whatsoever. 

Section 4. Said certificate may be revoked by the State Super- 
intendent for incompetency or immoral conduct: provided, that be- 
fore any such revocation, the holder shall be served with a written 
statement of the charges against him, and shall have an opportunity 
for defense. 

Section 5. A meeting for the examination of applicants for 
State certificates shall be held at the Capitol in the city of Madison, 
on the second Wednesday of x\ugust in each year; and additional 
meetings may be held at such times and places as the State Super- 
intendent shall prescribe. 

Section 6. All moneys actually and necessarily expended by each 
member of the board of examiners in attending meetings for the 
examination of teachers shall be refunded to him, and he shall al- 

*■ See chapter 33, general laws 1872. 



99 

so receive three dollars per day for all time actually and necessarily 
spent in holding such meeting, or in going to or returning from 
the same. Accounts for such services and expenses shall be audited 
by the Secretary of State; and there is hereby appropriated, out of 
any money in the State treasury not otherwise appropriated a sum 
sufficient to pay the amounts thus audited. 

Section 7. The State Superintendent shall record in a book kept 
for that purpose the date of each certificate issued, and the name, 
age and residence of the person to whom it was granted, and he 
shall file in his office for permanent preservation all papers relating 
to the examination of applicants for State certificates. 

By the amendment of the law in 1872, there are now two grades 
of State certificates. Applicants for either grade are required to 
present satisfactory evidence of good moral character. 

The requisites for obtaining a limited State certificate, good for 
five 3'ears in any public school in the State, are a successful exam- 
ination in the studies now required for a first-grade county certfi- 
cate, with the addition of English literature and mental philosophy, 
and satisfactory evidence of success in teaching for least three ordi- 
nary school-terms. The rudiments of mental philosophy only will 
be required. For the unlimited certificate, botany, zoology, chem- 
istry, geology, and political economy are added. Evidence of suc- 
cess in teaching nine terms will also be required. 

Applicants for either grade will be required to pass a satisfactor}^ 
examination in the constitution and organization of the govern- 
ment of the United States, and of the State of Wisconsin, and in 
the school-laws of this State, so far as they relate to the rights and 
duties of teachers. 

When an applicant is personally known to the State superin- 
tendent, or to either member of the board of examiners, as having 
a good moral character, no specific testimony will be required; but 
when not thus known, written testimonials from one or more re- 
sponsible persons acquainted with the applicant must be pre- 
sented. 

In respect to the length of time that an applicant has taught, 
his own declaration giving the time, place, and kind of school will 
be sufficient. 

The proof of success in teaching must ba clear and explicit.. 
Written testimonials from employers, or other responsible and 
competent persons, will be required. 

The examination will be conducted by both oral and printed 



100 

questions, in such a manner that exact justice will be done to each 
applicant. 

Should an applicant be unsuccessful, another examination in the 
studies in which he has attained the required standing will not be 
required if he presents himself for further examination within one 
year from the date of the first examination. 

The necessary stationery, etc., will be furnished by the State 
:Superintendent, and no fee will be charged for certificates. 

An unlimited State certificate entitles the holder to teach in any 
public school in the State, and will be valid during life, unless re- 
voked for incompetency or immorality. The limited certificate is 
subject to the same conditions as the unlimited one, and confers 
ihe same privileges for a period of five years. 

It is the object of the law to recognize and honor those experi- 
enced and successful teachers who have given character to their 
profession, and to furnish to young teachers a proper incentive to 
honorable exertion. 

It is hoped that through the hearty co-operation of all persons 
interested in the subject, the objects of the law may be fully real- 
ized, and that the standard of teachers' qualifications may be es- 
sentially raised, and more clearly defined. 

SCHOOL-DISTKICT LIBRARIES. 

Section" 111. Every school-district library and the appurtenances 
thereto belonging, shall be deemed to be vested in the district 
board of the district, so as to enable them to maintain any action 
for the same, or for the value thereof, or for the recovery of any 
fine or penalt}^ for damage done to any book or books, or neglect- 
ing to return, or loss of the same; and all such fines and penalties 
incurred in consequence of a violation of any regulation Jawfully 
■established in respect to district libraries, shall be sued for and col- 
lected in the name of such district board, and when so collected 
:shall be applied for the benefit of such district library. 

Sectioist 112. The legal voters in any two or more adjoining 
'districts may, in such cases as may be approved by the town super- 
visors, unite their libraries, and also their library moneys, as they 
shall be collected or received, and purchase a joint library for such 
districts, which shall be selected by the district boards thereof, or 
by such persons as they shall designate, and shall be under charge 
of a librarian to be appointed by the district boards of such dis- 
tricts; and the provisions of this chapter shall be applicable to such 
joint libraries, except that the property in them and their appurte- 
nances shall for the time being be deemed vested in all the district 



101 

boards so united; and in case any such district shall desire to divide 
such library, such division shall be made by the directors of the 
district whose libraries are so united, and in case they cannot agree, 
then such division shall be made by the town supervisors. 

Sectiox 113. The clerk of the district, or such other person as 
the taxable inhabitants maj' at any lea;al meeting appoint by a 
majorit}' of votes, shall be the librarian of the district, and shall 
have the care and custody of the district librar3\ 

The following regulations for the management of school-district 
libraries are prescribed by the Superintendent of Public Instruc- 
tion under the authority of section 64, of chapter 10, of the revised 
statutes: 

1. The district librarian shall have charge of the library, and 
keep a catalogue of all the books in the library under his care, in a 
book to be provided by the district for that purpose. 

2. Every volume in a library shall have pasted on the inside of 
the cover a printed paper, specifying the name of the district; the 
number of the volume; the fine for not returning it within the 
specified time, and for the loss of or injury to any book. Blanks 
for this purpose will be furnished to districts upon application to 
this department. 

3. Every volume loaned shall be entered by the librarian in a 
book, to be provided by the district for that purpose, by its num- 
ber, with the day on which it was loaned; the name of the bor- 
rower, and the name of the person to whom it is charged, (see reg- 
ulation I); the date when returned, and condition of the book; the 
fine assessed for detention or inj^ny done to the book, in the fol- 
io wins; form: 



Time of 
delivery- 


No. of 
book. 


To whom 
deliverecl. 


To whom 
charged. 


AVhen 
returned. 


Condition 
of book. 


Fine for 
detection. 


Fine for 
injury. 


1876. 
June 10. 


U 


J no. Ward. 


W. Green. 


June 24. 


Good. 













4. No person shall be allowed to have more than one volume at 
a time, or to retain the same longer than two weeks; nor shall any 
person, who has incurred a fine imposed by these regulations, re- 
ceive a book while such fine remains unpaid. 

5. Books may be loaned to minors and charged to their parents, 
guardians, or the other person with whom they reside, who shall 
be responsible for the books under these regulations. 



102 

6. On tlie election of a librarian, his predecessor shall, within ten 
days thereafter, deliver to him all the printed and manuscript books 
pamphlets, papers, cases, and all other property belonging to the 
library which was in his custody, for which the librarian shall 
give him a full receipt, discharging him from all responsibility 
therefor, except in the case herein provided; and on receiving the 
library property, the librarian shall carefully examine all books, 
etc., and if any loss or injury shall have been sustained, for which 
a fine has not been imposed by his predecessor, or for which a 
fine has been imposed and not certified by him to the treasurer, the 
librarian shall certify the amount thereof to the treasurer, who 
shall collect the same of such predecessor in the same manner as 
other fines are collected. 

7. In case of vacancy in the office of librarian, the district clerk 
shall perform the duties of librarian until the vacancy is filled. 

8. If any person, having held the office of librarian, shall neglect 
or refuse to deliver to his successor all the library property, as pre- 
scribed in the sixth regulation, the director shall forthwith com- 
mence an action in the name of the district board for the recovery 
of the property he shall so neglect or refuse to deliver. 

9. On the return of every book to the library, the librarian shall 
examine it carefully, to ascertain what injur}", if any, has been sus- 
tained by it, and .shall charge the amount of the fine accordingly; 
and in every case of injury not specified in these regulations, he 
shall assess the amount of damages to be paid, subject to revision 
by the district board. 

10. The following fines are established by the State Superinten- 
dent, viz.: 

1st. For detaining a book beyond two weeks, five cents per week, 

2d. For the loss of a volume, the cost of the book; and if one 
of a set, an amount sufficient to replace it, or to purchase a new 
set. 

3d. For a leaf of the text torn out and lost, or so soiled as to 
render it illegible, the cost of the book. 

4th. For any injury beyond ordinary wear, an amount propor- 
tionate to the injury, to be estimated by the librarian. 

5th. Whenever any book shall not be returned within six weeks 
from the time it was loaned, it shall be deemed to be lost, and the 
person so detaining it shall be charged with its cost in addition to 



103 

the weekly fine for detaining the book, up to the time such charge 
is made. But if the book is finally returned, the charge for loss 
shall be remitted; and the fine for not returning the same be levied 
up to the time of such reiurn; j^t'ovided, that in no case shall the 
amount of Aveekly fines exceed double the cost of the book. 

11. On the third Monday of August, November, February, and 
May, and also immediately befere he vacates his office, the librarian 
shall report to the district treasurer the name of every person liable 
for fines, and the amount each such person is liable to pay; and the 
treasurer shall give the librarian a certificate of the same, and im- 
mediately proceed to collect the same, and if not paid shall so cer- 
tif}' to the director, who shall forthwith bring an action in the 
name of the district board for the recovery thereof. 

12. All library fines shall be paid to the district treasurer, who 
shall keep account of the same, and shall report thereon to the an- 
nual district meeting, giving the name of each individual fined, the 
amount of the fine, and the sum total of all fines, which report 
shall be recorded by the clerk; and the district treasurer shall be 
responsible for all fines uncollected through his neglect. 

13. On the first day of September in each j'ear, the librarian 
shall report to the district clerk as follows: 

1st. The number of volumes in the library; 

2d. The number of volumes i)urehased during the year; 

3d. The number of volumes presented during the year; 

1th. The number of volumes loaned during the year [connt'nKj 
-each volume once for each time it is loaned : J 

5th. Amount of fines collected; 

6th. Amount of fines expended; 

7th. Amount of fines remaining unexpended. 

11. The library fines collected must first be applied to the re- 
placing of lost volumes, binding pamphlets, and rebiuding such 
books as may require it. 

15. In case of joint libraries, the reports required above shall be 
made to the officers of the district in which the library is lo- 
cated. 

TOWX LIBRARIES. 

In this connection is given the law which provides for the e?tab 
lishment of town libraries. The act is chapter 171, of the general 
laws of 1868. 



104 

Seotiox 1. Aii}^ town within this Scate is hereby cmpov/ered to 
establish a town library, for the use of the (said) people of said 
town. The vote for said purpose shall be taken by ballot, and a 
majority of all the votes cast shall be requisite to the estaldish- 
ing of said town library. The afiSrniative ballots shall read '' for 
town library," and the negative ballots shall read ''against town 
librar3\'" 

Sectiq}^ 2. Such town, at its annual meeting, is hereby empow- 
ered to elect, in each year, a librarian, who may hold his olfice for 
one year, or until his successor is elected or appointed and qualified. 
Whenever a vacancy in said office shall occur from any cause, the 
town board of supervisors are hereby empowered to fill such vacancy 
b}^ appointment. 

Section" 8. Such town is hereby empowered to make all by-laws, 
rules and regulations pertaining to such town library. In case 
the town does not make by-laws, rules, and regulations, as aforesaid, 
it shall be the duty of the librarian, under the advice of the town 
board of supervisors, to do the same. 

Section 4. Any school-district ma}^ donate or sell any book or 
books belonging to the said district library, to the town iu which it 
-is situated, to form a part of the town librarj^ 

Sectiojst 5. For the purpose of purchasing books, furnishing a 
place to keep them, and paying the librarian for his services, the 
town may raise a sum of money not to exceed one hundred and 
fifty dollars in any one year, such sum to be expended under the 
direction of the town board of supervisors. 

Section" 6. For the performance of the duties of his office, the 
librarian may be required to execute a bond, to be approved 
by the town board of supervisors, in such sum as they ma}^ deem 
necessary. 

borrowing- money to build school-houses. 

Section 114. Whenever any school-district within the State shall 
desire to make a loan of money to aid in the erection of a school- 
house or houses, the question of a loan shall first be submitted to 
the legal A^oters authorized to vote at an annual school-meeting, the 
vote to be taken by ballot. Those voting in favor of the loan shall 
have written or printed or partly written or printed, on their tick- 
ets, ''''foi' the locm,^^ and those voting against the loan shall have 
wa-itten or printed or partly written or printed on their tickets, 
" against the loan.'^ And if a majority of all the legal voters, re- 
siding in the district shall vote in favor of the loan, then the dis- 
trict board of any such school-district, the trustees of any village, 
the common council of any cit}', or the board of education of such 
village or city, within the bounds of which any such school-dis- 
trict is located, shall have power and authority to borrow money 
to aid in the erection of a school-house or school-houses under the 
restrictions hereinafter mentioned. 

Section" 115. The money loaned in pursuance of the provisions 
of the preceding section, shall not be borrowed for a longer period 



105 

than five years, and shall draw such rate of interest as may be 
agreed upon by the parties, but in no case exeeedinf^ a greater rate 
than that established by law; and the said district board, trustees, 
common council, or board of education, are hereby authorized tO' 
give notes, bonds, or execute a mortgage npon any of the propert}', 
real or personal, belonging to the district making the loan, to secure 
the pa3'ment of the principal and the interest on tJie sum so bor- 
rowed; and the sum so borrowed shall in no case exceed ten per 
cent, on the valuation of the real esta,te contained in the district for 
the benefit of which the loan is made, according to the valuation 
contained in the last assessment-roll or rolls of the town or towns, 
village or city in which such school-district may be situated. 

The vote authorizing the district board to borrow money may be 
taken at any regular meeting, properly called; as the provision in 
section ll-l, in reference to an annual meeting, simply designates 
the class of persons who may vote upon the question, and not the 
time when the meeting should be held. The vote must be taken 
by ballot, and the result must be recorded in the records of the 
district. 

To authorize a loan requires that a majority of all the legal voters 
in the district should vote in favor of it. Great care should be ex- 
ercised in conducting all proceedings relating to loans, Every op- 
portunity should be given for a fair and full expression of the will 
of the people. 

Chapter 42, of the general laws of 1871, amended by chapter 60, 
general laws of 1373, "authorizes the Commissioners of School and 
University Lands to make loans from the trust-funds of the State 
to school-districts for the purpose of building school-buildings 
therein." Application may be made to the Land Commissioners, at 
Madison, for information, blanks, etc. 

LEGAL RIGHTS AND LIABILITIES OF DISTRICTS. 

Section 116. Justices of the peace shall have jurisdiction in all 
cases in which a school-district is a part}^ interested, when the 
amount claimed by the plaintiff, or the penalty for which suit is 
brought, shall not exceed one hundred dollars, and the parties shall 
have the same right of appeal as in other cases; and when an action 
shall be brought against a school-district, it shall be commenced by 
summons, a copy of which shall be left with the director. 

Section 117. No execution shall issue on any judgment against 
a school-district, nor shall any action be brought thereon, but the 
same shall be collected in the manner prescribed in this chapter. 

Section 118. Whenever any final judgment shall be obtained 
against any school-district, if the same shall not be removed to any 



106 

other court, the director of such district shall certify to the town 
clerk of the town the date and amount of such judgment, with the 
name of the party in whose favor the same was rendered, and if 
such judgment shall be removed to another court, the director shall 
certify the same as aforesaid, immediately after the final determina- 
tion thereof against the district. 

Section" 119. If the director shall fail to certify such judgment, 
as required in the preceding section, it shall be lawful for the party 
obtaining the same, his agent, attorney, or legal representative, to 
file with the town clerk of the town the certificate of the justice or 
clerk of the court rendering the judgment, showing the facts which 
should have been certified by such director. 

Section" 120. If the district against which any such judgment 
shall be rendered, is situated in parts of two or more towns, a cer- 
tificate thereof shall be delivered as afoi'esaid to the town clerk of 
each town in which such district is in part situated. 

Sectioist 121. The town clerk receiving either of the certificates 
of judgment as aforesaid shall proceed to assess the amount there- 
of, with interest from the date of such judgment to the time when 
the warrant for the collection thereof will expire, upon the taxable 
property of said district, placing the same upon the next town as- 
sessment-roll in a separate column, and the same pi'oceedings shall 
be had thereon, and the same shall be collected and returned in 
like manner as other town taxes, and shall be paid to the party en- 
titled thereto. If such district is situated in two or more towns, 
the clerk of each town shall, on demand of any person interested, 
furnish for the clerk of every other town in which any part of the 
district is situated, a certificate showing the total amount of the 
valuation of taxable property in that part of the district situate in 
his town according to the last assessment-roll of said town, and the 
amount of the judgment shall be assessed upon the respective parts 
of the district witiiin the several towns in proportion to such valua- 
tion. In all cases v/hen, for an.y reason, the clerk of any town has 
heretofore failed, or shall hereafter fail to assess the amount of any 
such judgment, or the proper portion thereof, in the next assess- 
ment roll after the rendition of the judgment, it shall be his dut}'' 
to assess the same in any subsequent assessment-roll within two 
years thereafter, upon the taxable property within the district or 
part of a district situate within his town, according to its limits at 
the time of making the assessment. 

The property belonging to the district is not liable to levy or 
sale upon an execution. Immediately upon the rendition of any 
judgment against a school-district, the director shall certify the 
same to the town clerk, or if the district be a joint district, to the 
clerk of each town in which such district is in part situated. If 
the director fail to certify the judgment, as above specified, the 
certificate of the justice, or of the clerk of the court rendering the 
judgment may be filed instead. The town clerk is then required 



107 

to assess the amount of the judgment with interest thereon, in a 
separate column, in the next assessment-roll, and the tax when 
collected shall be paid to the party entitled thereto. 

APPEALS. 

SECTiojsr 122. Any person conceiving himself aggrieved in con- 
sequence of any decision made by an}' school-district meeting, or 
by the town supervisors in forming or altering, or in refusing to 
form or alter any school-district, or concerning any other matter 
under the provisions of this chapter, ma}' appeal to the State Su- 
perintendent, who is hereby authorized and required to examine 
and decide the same, and such decision shall be final and conclusive; 
prGvidf.d hoirerer, that the decision appealed from shall be opera- 
tive until the State Superintendent shall reverse the same; and 
providedfnrtlier, that the State Superintendent shall make and file 
his decision within thirty days after the hearing thereof is closed, 
or in cases where appeal has alread}' been heard but not decided, 
then within thirty day after the publication of this act; and no de- 
cision of the State Superintendent made or filed after the lapse of 
said times, respectively, shall invalidate or in any way affect the 
decision of any school-district meeting or town supervisors from 
which such appeal has been or may be made. 

An effort has been made to give, under the appropriate section, 
in the foregoing pages, such an exposition of the statutes relating 
to common schools as will aid school-officers in the discharge of 
their duties. If, however, after examination of these instructions, 
it is deemed necessary to apply to the department for further infor- 
mation, it must be borne in mind: 

1. That no decision can be rendered on any subject affecting in 
any manner the rights or interests of different pai'ties, without giv- 
ing to both sides an opportunity of being heard. This occurs 
when an appeal is regularly brought in the manner prescribed in 
the rules regulating appeals, or Avhen all parties have signed and 
united in transmitting a statement of fiicts in regard to which the}' 

agree. 

2. That an opinion given without affording to both sides a hear- 
ing must be regarded as valid only so far as the statemant on 
which it is founded represents fully and fairly the facts in the case. 
Sometimes it happens that two persons, applying for advice upon 
the same question, state the facts differently, and of course receive 
dissimilar replies They are thus confirmed in their difference of 
opinion, instead of being reconciled. No opinion should be asked 
upon a hypothetical case; but the acinal facts out of which the 



108 

question arises should be clearly and brief!}' stated, with all practi- 
cable certainty as to dates and numbers, and in such a manner as 
to indicate the object of the inquiry. ' 

It is desirable that one page of all letters sent to the depart- 
ment should be left blank. Those addressing the office, no matter 
how frequently they ma}' write, seould state the name of the post- 
office to which they desire replies to be sent. 

Oftentimes the advice of the county superintendent will be suf- 
ficient to arrange differences that may arise. If neither in this wa}' 
nor by writing to this department such differences can be settled, an 
appeal may be taken. 

The following are the 

RULES RESPECTIIfG APPEALS. 

1. An appeal must be in writing, addressed to the '" Superinten- 
dent of Public Instruction,'' and signed by the appellant, but no 
particular form of statement is necessar}'. 

2. The appeal should be as brief as is consistent with a complete 
statement of the case. It should set forth the action or proceed- 
ings appealed from, and the reasons why such action should be set 
aside. If the appeal is founded upon the refusal of the supervisors 
to act, the reasons why the action askeel for should have been taken, 
by such supervisors must be clearly shown. If the appeal relates 
to the formation or alteration of a district, a map or plat of the ter- 
ritory afi'ected by the action appealed from should be prepared, 
showing the boundaries of the district or district embraced there- 
in, the location of the residents of the inhabitants, the highways, 
marshes, etc. A statement showing the assessed valuation of the 
district or districts, or of the several parts of a districts divided, and 
the number of children over four and under twenty years of age 
residing in each, should accompany the map, and form a part of the 
papers in the case. When the papers are completed, they should 
be fastened together, numbered or lettered for reference, and an 
affidavit attached setting forth that the statements therein made are 
true, and that that the map, list of children, and valuation of property 
are correct. The affidavit may be in form as follo^vs: 

A. B., being duly sworn, deposes and saj's, that the statements 
made in the above appeal, all and several, are true, according to the 



109 

best of his knowledge and belief, and further, that the accompany- 
ing map. list of children, and valuation of property are correct. 

I Signed] , 

Apjjelldiit. 

Sworn to and subscribed before me this day of , 18 — . 

C. D., 
Justice of the Peace. 

Note— In otlier matters than formation or alteration of districts, tlie latter part 
of the affidavit may be emitted, or any needed change made. 

3. A complete and correct copy of the appeal and affidavit, and 
all accompanying papers should be made, to which another affida- 
vit should be attached, stating that they are correct copies of the 
papers in the case. 

The form of this affidavit may be as follows: 

A. B., being duly sworn, deposes and says, that the above is a 
full and correct copy of an appeal and all accompanying papers, 
designed to be sent to the Superintendent of Public Instruction. 
[Signed] 1 

Sworn to and subscribed before me this day of , 18 — . 

CD., 
Justice of tlie Peace. 

This affidavit should be made upon the copy only— not upon the 
original appeal that is to be sent to the State Superintendent. 
This copy should then be served upon the party from whose ac- 
tion the appeal is taken, either by handing it to him, or leaving it 
at his residence. If the appeal is from the action of the supervis- 
ors, the chairman of the board is a suitable party upon whom to 
serve the copy. If from the proceedings of a district meeting, up- 
on the clerk or chairman of the meeting. It should not be served, 
however, upon an individual who did not sustain the action ap- 
pealed from, as in that case no answer is likely to be made. 
, The person serving the copy of appeal, should carry with him 
the original appeal, so that, if desired, the party from whose action 
the appeal is taken, may admit service of a true copy, by the fol- 
lowing form indor.sed upon the original appeal: 

I, E. F., do hereby admit service of the above (or within) ap- 
peal. 

[Signed] • 



110 

In case no such admission of service be made, the appellant will 
append to his appeal an affidavit of the following form: 

A. B., being duly sworn, deposes and says, that upon the 



day of , IS — , he did serve a true and verified copy of this ap- 
peal, and all accompanying papers, upon E. F., by handing the 
same to the said E. F., (or by leaving it at his residence, as the case 
may be.) 

[Signed] • . 

Sworn to and subscribed before me this day of , 18 — . 

CD., 
Justice of the Peace. 

When several persons unite in making an appeal, the affidavits 
may be so changed as to admit the names of all the appellants, 
and each should sign the appeal and subscribe to each and every 
affidavit. When the action appealed from is the action of several 
persons, it is sufficient to serve a copy of the appeal upon any one 
of the number, though it should always be served upon one not 
agreeing with the appellants, that an answer may be made. 

When all the above directions are complied with, the original 
papers are ready to be forwarded to this office. 

4. An appeal should be taken within thirty days from the per- 
formance of the act appealed from, or within thirty days after the 
action complained of has come to the knowledge of the appellant. 

THE ANSWER. 

1. The appellee has fifteen days in which to prepare his answer, 
and all the directions above given, in reference to the preparation 
and service of a copy of the appeal papers, should be complied with 
in preparing and serving the answer upon the appellant, before it 
is forwarded to the State Superintendent. The forms of affidavit 
given above, will answer in all cases for forms to be used b}' the ap- 
pellee, by changing the words so that the affidavit shall refer to an 
" answer to an appeal," instead of to an appeal, and by signing it 
as appellee instead of appellant. 

2. The answer to an appeal may be served upon any one of a 
number of appellants. When the town board of supervisors is a 
party, and papers have been served upon the chairman, if he is in 
favor of the party appealing, one of the other supervisors should 
make answer. 



Ill 

8. In case of neglect of" the proper appellees to answer an api- 
peal, any person having an interest in the matter may make an- 
swer to it, being governed in all cases by the same rules as woultf 
govern an appellee. 

REPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, npon proof that new- 
facts have come to the knowledge of the party wishing the rejoin- 
der since the appeal or answer has been submitted to the State Su- 
perintendent, or that there are material errors in the statements of 
the other part}'. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other parties, 
these statements should be verified by the affidavit of the person 
making the same. 

All decisions on appeal must be filed or recorded as the State Su- 
perintendent shall direct. 

No decision can be rendered on ('^•jJo/'/f statements. No papers 
Avill be considered that are not properly verified, and properl}^ served 
on opposing parties. 

The propriety of leaving out of appeals all matters of a purely 
personal character, except as they may have a direct bearing upon 
the subject, is obvious. 

As appeals are decided npon written and not upon oral evidence 
it is not necessary or proper for either party to appear in person,, 
excepting to be heard in the case without the presence of the other 
party. 

Particular care should be taken to follow the directions in regard' 
to affidavits, serving cop}', etc., so that it may not be necessary to 
send papers back for correction. 

Not only must every paper presented in a case,, by either party,, 
be verified by affidavit, and a copy be served on the other side, but 
in making the copy, care must be taken to give every affidavit as 
well as the statement which it verifies. If this is not done, the 
party npon whom such copy is served has no evidence that the- 
original was sv/orn to. 

It the appeal is not taken or the answer or rejoinder made with- 
in the prescribed time, the reasons for the delay must be given-.. 



112 

Most of the appeals made to this department grow out of the 
alteration or formation of school-districts, or the refusal to form or 
alter the same. In view of this fact the Superintendent is led to 
remark, noi (mly that these controversies are often very injurious 
to the interests of education, but that they would be avoided, so 
far as they relate to matters of school-districts, if towns favorably 
situated for the purpose w^ould adopt the " town organization of 
schools," the law providing for which is given on a subsequent 
page. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superintendent of 
schools, may make appeal to the State Superintendent, according 
to section 110, using the following form: 

To A. B., Coiirdy Siqjerintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from your 
refusal to grant me a certificate, and I hereby ask you for your rea- 
sons for such refusal, that I may present the same to the State Su- 
perintendent, when I appear before him for re-examination. 
Respectfully, yours. 



The teachers applying for a re-examination will be expected to 
present the statement of reasons for refusal of certificate by the 
county superintendent, also certificates from responsible parties as 
to moral character of applicant; and if an applicant for any other 
than a third-grade certificate, some testimonials of success in teach- 
ing. He should notify the Superintendent of Public Instruction, 
by letter, of his intention to apply for a re-exiimination that a time 
may be fixed, which ma}^ be convenient to both parties. 

In case a teacher's certificate is annulled, he also has a right of 
appeal. For this purpose the following form may be used: 

To A. B.^ Cowitij Superintendent of Schools for county: 

Sir: You are hereby notified that I intend to appeal from your 
action in annulling my ^certificate, and I hereby ask for your rea- 
sons for such action, that I may present the same to the State Su- 
perintendent. 

• Respectfully, yours, 

The directions given above in regard to an appeal from a refusal 



113 

to grant a certificate, are to be followed, as far as applicable, iu an 
appeal from the action of a superintendent in annulling a certifi- 
cate. 

FIXES AXD PENALTIES. 

Section 123. Every taxable inhabitant receiving the notice men- 
tioned in the second and third sections of this chapter, who shall 
neglect or refuse duly to serve and return said notice, and every 
chairman of the first district meeting in any district, who shall 
willfully neglect or refuse to perform the duties enjoined on him 
by this chapter, shall respectively forfeit the sum of five dollars. 

Section 124.* Every person duly elected to the oflice of director, 
treasurer, or clerk of any school-district, who shall neglect or re- 
fuse, without sufficient cause, to accept of such office and serve 
therein, or who, having entered upon the duties of his office, 
shall neglect or refuse to perform any duty required of him by the 
provisions of this chapter, shall forfeit the sum of ten dollars; and 
any school-district officer ma}^ for willful neglect of any duty, be 
removed from "office by the county judge of the county in which 
such school-district officer shall reside. The application for such 
removal shall be by written petition of a majorit}" of the legal vo- 
ters of said school-district in which such officer resides, or of any 
person aggrieved by such neglect of duty. Such petition shall con- 
tain a full statement of all charges preferred against such officer, 
and a copy of said petition, together Avith a notice of the time and 
place (within said county,) when and where a hearing upon such 
petition will be had before the county judge, shall be served upon 
said school-district officer at least ten days before such hearing. 
Upon the hearing, the officer so proceeded against, shall have full 
opportunity to be heard in his own defense, and the county judge 
shall have authority to administer oaths to witnesses offered in re- 
lation to the charges in such petition, and upon satisfactory proof 
of such neglect of duty, may, by order under his hand, remove such 
school-district officer from his office, and, in case of removal, shall 
forthAvith file such order in the office of the town clerk of the town 
in which the district affected by said order is situated, and shall also 
forthwith cause a copy of such order to be served upon each of the 
remaining officers of such district. And the person so removed 
from office shall not be appointed under section 50 of this chapter 
to fill the vacancy occasioned by such removal. For all service per- 
formed under the provisions of this act the said county judge shall 
receive from the county treasurer the sum of three dollars for each 
day actually employed. 

Section 12.5. Every school-district officer who shall neglect or 
refuse to deliver to his successor in office all records, books, and 
papers appertaining to such office, shall be subject to a fine not ex- 
ceeding fifty dollars. 

Section 126. Every clerk of a district who shall willfully sign a 

*See cliapter 175. general laws 1868. 

8 Code. 



114 

false report to the town clerk of his town, with intent of causing 
such town clerk to apportion to his district a larger sum than its 
just proportion of school-moneys, shall be deemed guilty of a mis- 
demeanor, and be punished by a fine not exceeding one hundred 
dollars, or by imprisonment in the county jail, not exceeding six 
months; and any district clerk who shall willfully neglect to make 
the annual report from his district, as required by this chapter, 
shall be liable to pay the Avhole amount of money lost bj^ said dis- 
trict in consequence ot his neglect, which money shall be recov- 
ered in an action prosecuted by the director, in the name of the 
district. 

Sectiok 127. Every town clerk who shall neglect or refuse to 
make and deliver to the county superintendent his annual report, as 
required in this chapter, within the time limited therefor, shall be 
liable to pay the full amount of money lost by such neglect or re- 
fusal, with interest thereon, to be recovered by the town treasurer, 
in the name of the town; and every town clerk who shall neglect or 
refuse to carry into effect any decision or order of the State Super- 
intendent, shall be liable to removal by the town board of super- 
visors, upon proper notice thereof; and the said board shall have 
full power to fill any such vacancy in such manner as vacancies in 
other town offices are filled. 

Section 128. In case the town board of supervisors shall refuse 
or neglect to carry into effect any decision of tbe State Superin- 
tendent, made upon an appeal from their action or refusal to act, 
each member of the board thus refusing or neglecting shall be lia- 
ble to a penalty of fifty dollars, to be prosecuted for and recoveied 
by any elector of the district from which the appeal is taken. Suit 
shall be brought in the name of the district, and in case judgment 
shall be rendered against the defendant, the forfeiture recovered 
shall be applied in the first place to pay the necessary expenses of 
the prosecution, and the balance, if any, shall be paid into the dis- 
trict treasury. 

Section 129. Every county superintendent who shall neglect or 
refuse to make the report required in this chapter to be made by 
him to the State Superintendent, within the time limited therefor, 
shall be liable to pay to each town the amount which such town, or 
any school-district therein, shall lose by such neglect or refusal, 
with interest thereon, to be recovered by the town treasurer in an 
action prosecuted in the name of the town or district. 

Section 130. All moneys collected or received by any town treas- 
urer, under the provisions of section one hundred and twenty-seven 
and section one hundred and twenty-nine of this chapter; shall be 
apportioned and distributed to the school districts entitled thereto, 
in the same manner and in the same proportion that the moneys 
lost by any refusal or neglect therein mentioned, would, according 
to the provisions of this chapter, have been apportioned and distri- 
buted. 

Section 131. Any teacher who shall wilfully neglect or refuse 
to comply with the requirements of section forty-five of this chap- 



115 

ter, relative to keeping a scliool-register, shall forfeit his or her 
wages for teaching during the time of such neglect or refusal. 

Section 132. The treasurer of any legally organized school-dis- 
trict shall prosecute the town treasurer of the town in which such 
district is situated, for the recovery of any money laAvfully due and 
belonging to such district, in all cases where such town treasurer 
shall neglect or refuse, for the space of ten days from the time fixed 
by law therefor, to pay over to the proper officer the school-monej's 
as aforesaid. 

Section 133. It shall be competent for any town treasurer, in 
case of default of the town treasurer, to pay over the school-mon- 
ej's which by laAv should be paid to such town treasurer, to com- 
mence action on the official bond of the county treasurer for the 
recovery of such moneys. 

Section 131. Any district treasurer who shall use or pay out 
any monej's in his hands belonging to the district, without author- 
it}' of law, shall be liable to a penalty of not less than five nor more 
than fifty dollars, and it shall be the duty of the director to prose- 
cute the treasurer for the recovery of said penalty. In case the 
director shall refuse or neglect to prosecute, he shall be liable to a 
penalty of twenty dollars. 

Section 135. Any district treasurer who shall purchase or re- 
ceive any order drawn upon him, for less than the sum expressed 
in said order shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine not exceeding fifty 
dollars, or b}^ imprisonment in the county jail not exceeding thirty 
days. 

Section 136. Any clerk who shall draw an order upon the treas- 
urer for the payment of wages of a teacher, not legall}' qualified, 
or for any other purpose not authorized by law. and every director 
who shall countersign such order, shall be liable to a fine of not 
less than twenty no more than one hundred dollars: and any elec- 
tor may prosecute for the use and benefit of such district, for the 
recover}^ of the fine prescribed in this section. 

Section 137. In the prosecution of actions under this chapter, a 
cop3' of the official bond sued upon, duly certified by the officer in 
whose custody such bond is placed by law, shall be deemed suf- 
ficient for all purposes of proof required b}^ law in said actions. 
And any actions under this chapter in which the sum claimed to be 
justl}^ due, or the penalty and forfeiture incurred, shall not exceed 
the sum of one hundred dollars, maybe commenced and prosecuted 
before any justice of the peace, in the same manner as other cases. 

Section 138. Whenever an}' person designated by this chapter 
to prosecute a district or other school officer for neglect of duty or 
for illegal action, shall fail or neglect to prosecute said officer for 
the space of ten days after being requested by any elector so to do,, 
and in all cases not specially provided for, any elector may prose- 
cute such officer in the name and for the use and benefit of such 
district, for the recovery of the fine or the infliction of the penalty 
prescribed by law for the failure of such officer to perform his duty, 
or for the illegal action of said officer, and in case judgment shall 



116 

be rendered against the defendant, the forfeiture recovered shall 
be applied in the first place to pay the necessary' expences of pro- 
secution, and the balance, if any, shall be paid into the district 
treasury. 

SECTioivr 139. All the provisions of section forty-three, of this 
chapter, in reference to the annual reports of the district clerks, 
shall apply to and be in force in every city and incorporated village 
in this State, and each city and village clerk, or clerk of the board 
of education, shall make and transmit to the county superintendent 
of schools for the county or district in which such city or village is 
situated, the I'eport required by section fifty-seven, of this chapter, 
within the time therein prescribed, any provisions of their charters 
or any law of this State to the contrary notwithstanding.* 

Section 140.f Any person who shall willfully and maliciously 
interrupt or in any way molest or disturb any private or public 
school, while in session, shall, upon conviction thereof, be punished 
by fine not exceeding twenty-five dollars, or by imprisonment in 
the county jail not exceeding thirty days. Justices of the peace 
and police justices shall have concurrent jurisdiction with the cir- 
cuit court in all cases arising under this section. 

Sectio]s: 141. The State Superintendent ir. hereby authorized and 
required, on or before the first da}' of June, in each 3'ear, to furnish 
to each school-district clerk, town clerk, and county superintendent 
of schools in the State, a blank form upon which such officers shall 
make their annual reports. 

Section 112. Whenever hereafter any amendment shall be made 
to the provisions of this chapter, it shall be the duty of the State 
Superintendent to furnish a cop3^ of such amendment to every 
school-district in the State. 

Sectioi^ 143. All acts and parts of acts the provisions of which 
are fullv embraced in this act, are hereby repealed. 

Approved March 28, 1863. 

* See chapter 128, general laws 1870. f See chapter 135, general laws 1874. 



Township System of School Government, 



IChapter 18-2, General Laics 1869.] 
TOW]S;SHIP SYSTEM OF SCHOOL GOVERNMENT. 

Section 1. Each town which is now or may hereafter be organ- 
ized in this State is hereby dechired and constituted one school- 
district for all the purposes of this act, and the several school-dis- 
tricts and parts of joint districts which are now or ma}' hereafter 
be established in the several organized towns, shall be styled and 
known as sub-districts. 

Section 2. New sub-districts ma}' be formed and the boundaries 
of any sub-district may be altered by the town board of directors 
at any regular meeting of said board; prodded, that the formation 
and alteration of any joint sub-districts shall be by the concurrent 
action of the board of directors of all the towns embraced in part 
in such sub-districts. 

THE town board OF DIRECTORS. 

Section 3. The clerks of the several sub-districts in any organ- 
ized town, together with the clerks of the joint sub-districts, the 
school-houses of which are situated in such town, shall constitute 
the town board of school-directors. 

Section ^. The said board shall be a body corporate, and shall 
possess the usual powers of a corporation for public purposes, by 
the name and style of '^ the board of school-directors of the town 

of ," (the name of the town to which the board belongs.) and 

in that name shall sue and be sued, and be capable of contract- 
ing and being contracted with, and of holding real and personal 
estate and of selling the same, as authorized by the provisions of 
this act. 

Section 5. The board of directors in each town are hereby in- 
vested in their corporate capacity, with the title, care, and custody 
of all school-houses, school-house sites, furniture, apparatus, and 
other property of all kinds belonging to the sub-school-districts 
therein, with full power to control the same, in such manner as 
will best subserve the interests of the schools in such town. 

Section 6. The said board shall meet annually upon the first 
Monday in October in each year, at or as near as may be, the place 



118 

where the last annual election was held. The second regular meet- 
ing of the board shall be held on the third Monday of March in 
each year. The hour of meeting shall be ten o'clock in the fore- 
noon. 

Section T. Special meetings ma}^ be called by the president and 
secretary upon the application of one-third of the members of the 
board. Such meetings shall be called by notifying each member 
of the board personally, or by leaving a written notice at his place 
of residence or business, stating the time, place, and objects of the 
meeting, at least five days before the time appointed therefor. 

Section S.* The members of the board, a majority of whom shall 
constitute a quorum, assembled at the first and each succeeding 
annual meeting, shall elect from their number a president and vice- 
president, and a secretary, who may or may not be one of their num- 
ber; ^provided, he shall be a resident of the town to which the board 
belongs. The said secretary shall receive compensation for services 
rendered at not less than two dollars nor more than three dollars 
per diem; and shall present a statement of services rendered at 
the annual meeting o± the board. 

Section 9. The boardof each town shall have pov/er to pur- 
chase or hire houses and rooms for the use of schools, and to fence 
and improve the same as they may deem proper, and upon such 
sites, to build, enlarge, alter, improve and repair school-houses, out- 
houses or any other buildings for school-purposes, as tbey may 
deem advisable ; and also, whenever in the opinion of the board any 
school-house or school-house site is no longer needed for school- 
purposes, the same may be sold and conveyed in the corporate name 
of the board, such conveyance to be executed by the president and 
secretary of the board. 

Section 10. It shall be the duty of the board, at the regular 
meeting in March, to estimate and determine the amount of 
money which will be necessary for the support of schools, and for 
the building and repairing of school-houses in the town for the year 
ensuing. 

Section 11. It shall be the duty of the board to establish and 
maintain such and so many schools in the several sub-districts un- 
der their charge as thej^ may deem requisite and expedient ;j^3ro- 
vided, that there shall be at least one common school in each sub- 
district, and that all such schools shall be kept each year not less 
than five months. The board shall have in all respects the super- 
vision and management of all the schools, with full po^^er to adopt, 
enforce, modify, and repeal, from time to time, all rules and regula- 
tions not inconsistent with the laws of this State necessary for their 
organization, gradation, and control, and for the instruction given 
them in the different branches of education taught therein, and to 
establish and enforce proper penalties for the violation of such 
rules. 

Section 12. All the powers conferred upon school-district boards 
by the provisions of chapter 155, of the general laws of 1863, and 

* See chapter 94, general laws 1872. 



119 

the acts amendatory thereto, exceptino: those, the exercise of which 
wouhl conflict with the provisions of this chapter are hereby con- 
ferred upon the town boards of directors provided for in this act. 

THE EXECUTIVE COMMITTEE. 

Sectio:n' 13. The president, vice-president, and secretary of the 
town board of directors shall constitute an executive committee, 
which committee shall carry out, put in force, and execute all or- 
ders of the board, and for this purpose all power and authority 
vested in the board by the provisions of this act shall be deemed 
vested in the executive committee, and an}' duty devolved upon 
the said board by the said provisions shall devolve upon the execu- 
tive committee: provided, that all the acts of the executive com- 
mittee shall be subject to review by the board at any regular meet- 
in o; thereof. 

Section" 11. The executive committee shall employ so many 
qualified teachers as they may deem necessary to give instruction in 
ail the schools under the charge of the board. Each contract shall 
be in vrnting, shall be signed by the teacher, and by the president 
and secretar3^ and shall specify the wages per week, month, or year, 
as agreed upon by the parties. 

THE secretary OF THE TOWX BOARD. 

Section 15. The secretary shall record all of the proceedings of 
the board in a book kept for that purpose; he shall keep an accu- 
rate and specific account of all expenses incurred by the board, in- 
cluding a list of all orders drawn by him, with the date, amount, 
person in whose favor, and object for Avliich each order was issued; 
he shall properly file all papers deposited with him in accordance 
with law, and shall keep and preserve all books, ))apers and records 
belonging to his office, and deliver the same to his successor. 

Section 16. He shall make and keep in his office an accurate 
map of his town, showing the boundaries of all sub-districts and 
joint sub-districts, and the location of all school-houses and high- 
ways therein. When a new sub-district is formed by the board of 
directors, or one is altered, he shall within ten days thereafter, cer- 
tify to the clerk of each sub-district affected by such formation or 
alteration, a copy in writing of the record of the action of the board 
in the matter. 

Section IT. He shall have the immediate charge and supervis- 
ion of all the schools in his town, and shall, under the direction of 
the board cf directors, organize and grade thera, and assist the sev- 
eral teachers thereof in classifying and arranging them. He shall 
visit each school in his tov/n at least twice during each term there- 
of: shall examine into its condition and progress, consult with, and 
advise the teachers in regard to methods of instruction and govern- 
ment, and shall report to the board from time to time such improve- 
ments as his experience shall dictate are calculated to benefit the 
school. 



120 

Section' 18. He shall draw orders on the town treasurer for 
moneys in the hands ot the treasurer which have been apportioned 
to the town, and for moneys collected or received by him from 
other sources for school-purposes, for the payment of teachers' 
wages, the purchase of school-house sites, the building, buying, 
hiring, repairing and furnishing of school-houses, and for all other 
purposes authorized by this act or by the board of directors acting 
under it: provided, that each order shall designate the object for 
which and the fund upon which it is drawn, and shall be counter- 
signed by the president. 

AIS^NUAL STATEMENT OF THE SECRETARY. 

Section 19. It shall be the duty of the secretary, at least live 
days before the annual town meeting or election each year, to make 
to the board of supervisors of the town a written statement, show- 
ing the receipts of moneys for school-purposes from ail sources, and 
the disbursements of the same during the year ending on the third 
Monday of March, in which statement shall be given, under sepa- 
rate heads — 

1st. The amount in the treasury at the beginning of the year. 

2d. Amount received from the State fund. 

3d. Amount collected by town treasurer. 

4:th. Amount received from all other sources. 

5th. The maimer in which sums have been expended, specifying 
the amount paid under each head of expenditure. 

6th. Amount remaining in the treasury, 

7th, Amount of indebtedness of the township-district, and when 
and how payable. 

_ The secretary shall accompany the above statement with the es- 
timates of the board of the amount necessary for the support of 
schools during the ensuing year, specifying the sums needed under 
the following heads: 

1st. Amount for teachers" wages. 

2d. Amount for school-house sites, and for building, hiring, or 
purchasing school-houses. 

3d. Amount for fuel. 

4th. Amount for incidental expenses, including repairs, maps, 
globes, charts, and for all needful school-room appurtenances. 

5th. An amount, not to exceed one hundred dollars, to purchase 
library-books. 

Section 20. It shall be the duty of the board of supervisors of 
each town in the State to present the statement and estimates above 
mentioned to the electors of the town, at the annual town meeting 
or election, and the items of said estimates shall be passed upon 
separately by a vote of the electors present; provided, that upon 
motion they may be increased or diminished; and provided further , 
that if, for any reason, moneys for the support of schools shall not 
be voted at the annual town meeting, or a sufficient amount shall 
not then be voted, the supervisors shall present the estimates before 



121 

mentioned to the electors at the general election in the fall for a 
vote thereon. 

Section 21. The secretary shall furnish school-registers in the 
form prescribed by the State Superintendent of Public Instruction, 
in which every teacher in the town shall be required to enter the 
names, ages, and studies of all the scholars attending school, and 
daily their attendance and absence, wdiich registers shall be deposi- 
ted Avitli the clerks of the sub-districts at the end of each term of 
school. 

ANXUAL REPORT OF THE SECRETARY. 

Section 22. It shall be the duty of the secretar}^ betv.-een the 
fifteenth and twent^'-fifth days of September in each year, to make 
and transmit to the superintendent of schools for the count3', a re- 
port in writing, bearing date on the 15th day of September in the 
year of its transmission, stating — 

1st. The whole number of sub-districts and parts of sub-districts 
separately' set off within the town. 

2d. The length of time a school shall have been taught in each 
of said sub-districts or parts of districts. 

3d. The number of children taught in each, and the number of 
children over the age of four and under the age of twenty years re- 
siding in each. 

4th. The whole amount of money received in the town for school- 
purposes since the date of the last preceding report, setting forth 
separately the amount received from the State through the county 
treasurer, the amount levied by the county board of supervisors, and 
the amount raised bj' the town at its annual town meeting. 

5th. The manner in which said monej's have been expended, and 
whether any and what part remains unexpended, with such other 
information as the State Superintendent may from time to time re- 
quire. 

Section 23. The town clerk shall assess all sums voted at the 
annual town meeting, or at the fall election, for the support of 
schools, upon the real and personal propert}^ of the town as found 
in the assessment-roll for the year in which said monej's are voted, 
and the sums so assessed shall in all respects be collected or re- 
turned delinquent like other taxes, and when collected the money 
shall be held by the treasurer and be by him paid out on the order 
of the president and secretary of the town board of directors. 

Section 24. If for any reason the electors of a tov/n shall fail to 
vote an amount of money sufficient to maintain a school in each 
sub-district for the term of five months during the year ensuing, 
then the secretary shall, on or before the fourth Monda}^ of No- 
vember of the year in Avhich the electors shall fail to vote as afore- 
said, certif}' to the town clerk the amount estimated by the board 
of directors as necessary for teachers' wages, fuel, repair of school- 
houses, and incidental expenses, and the town clerk shall assess the 
aggregate sum thus certified upon all the taxable property of the 



122 

town in the assessment-roll for that year, and the town treasurer 
shall collect the same with the other taxes. 

SECTioisr 25. It shall be the duty of the town treasurer of each 
town to apply for and receive from the treasurer of his county, all 
moneys apportioned for the use of common schools in his town, and 
to pay out the same, together with all moneys collected or received 
by him for school-purposes, upon the order of the president and 
secretary of the town board of directors. 

AIN'ITUAL MEETIKG OF SUB-DISTRICT. 

Section" 26. The annual meeting of each sub-district shall be 
held on the last Monday in September in each year. The time of 
such meeting shall be seven o'clock in the afternoon. 

Section 27. The inhabitants qualified by law to vote at a sub- 
district meeting, when assembled in annual meeting, shall have 
power and it shall be their duty — 

1st. To appoint a chairman for the time being, 

2d. To appoint a secretary, if the district clerk shall be absent. 

3d. To choose a clerk. 

•Ith. To recommend to the town board of directors the number 
of months they desire to have school maintained in their sub-dis- 
trict the ensuing year; and whether they desire a male or female 
teacher; the improvements and repairs which ought to be made on 
the school-houses, out-houses, grounds, etc.; what maps, charts, or 
other aids in teaching should be furnished, and generally, anything, 
matter, or plan which, in their judgment, will advance the cause of 
education and benefit the school of their sub-district. 

cleek of sub-district. 

Section 28. The clerk shall record the proceedings of all sub- 
district meetings in a book kept for that purpose, shall certify to. 
the town board of directors any recommendations adopted by the 
electors of his sub-district in accordance with the provisions of the 
preceding section, and shall have charge of the school-house and of 
all property therein or belonging or attached thereto, subject to the 
order or direction of the board of directors. 

Section 29. He shall be a member of the town board of directors, 
shall attend all meetings of the board, and shall carr}'' out all law- 
ful orders of the same, having reference to the school-house of his 
district or the school maintained therein. 

Section 30. He shall give at least six days previous notice of 
every annual meeting of the electors of his sub-district, by posting 
notices therefor in four or more public places in the sub-district, 
one of which notices shall be affixed to the outer door of the school- 
liouse, and he shall act as secretary of all such meetings when 
present. 

Section 31. When any sub-district is formed, or a vacancy oc- 
curs in the office of sub-district clerk, the executive committee of 
the town board of directors shall appoint n clerk, wli(» shall hold 



123 

his office until the annual meeting of the sub-district next succeed- 
ing such appointment. 

JOINT SUB-DISTRICTS. 

Section 32. When a sub-district is composed of parts of two or 
more towns, the board of directors of the town in which the school- 
house is situated shall have the entire control of said sub-district, 
and shall maintain school therein as in other sub-districts; and the 
clerk of said joint sub-district shall be a member of the board of 
directors of said town, whether he resides in the same or not. At 
the annual meeting in October, the board of directors shall calcu- 
late and determine the cost of maintaining the school in said joint 
sub-district for the year ending at the close of the term preceding 
the meeting of the board, and the secretary shall certify such 
amount to the secretary of the board of each town embraced in 
part in such joint sub-district, together with the assessed valuation 
of said sub-district and of each part thereof, as found in the assess- 
ment-roll of said town for that year. On the receipt of such cer- 
tificate, the secretary of the board of directors of each of said towns 
shall draw an order on the treasurer of his town in favor of the 
treasurer of the town in which the school-house of said joint sub- 
district is situated, for such a proportion of the whole cost of main- 
taining said school as aforesaid, as the assessable property of his 
town embraced in said joint sub-district is to the whole ■saluation 
thereof; and said order shall be paid out of any moneys in the 
hands of said treasurer, collected or received by him for the sup- 
port of schools in his town. 

Section 33. In case either of the towns embraced in part in 
said joint sub-district shall not have adopted the township system 
of school government, the certificate before mentioned shall ,be 
made to the clerk of said sub-district, and it shall be his duty to 
incorporate the proportional sum mentioned in the preceding sec- 
tion in the returns of district taxes made by him to the town clerk 
of his town, on the fourth Monday in November succeeding the 
receipt of said certificate, and the said sam shall be assessed and 
collected with the other taxes of that part of the joint sub-district, 
and shall be paid over by the town treasurer collecting the same, 
to the treasurer of the town in which the school-house is situated. 

Section 34. When the school-house of a joint sub-district is sit- 
uated in a town which has not adopted the township system of 
school government, the taxes for the support of schools shall be 
raised, assessed, and collected as provided in chapter 155, of the 
general laws of 1863, and the acts amendatory thereto; but if any 
portion of said joint sub-district shall be embraced in a town which 
has adopted said township system, then the proportion of any dis- 
trict tax which should be assessed upon the propei'ty of such part 
of said sub-district, shall be certified I)}" the town clerk of the town 
in which the school-house of said joint sub-district is situated, to 
the secretary of the town board of directors of the town compris- 
ing the part of the said joint sub-district before mentioned, and 



124 

said secretary sliali draw au order upon the town treasurer of his 
town, in favor of the treasurer of the joint [sub-districts for the 
amount of tax thus certified, and the said town treasurer shall pay 
the same out of any moneys held or received by him for school-jjur- 
poses. 

EQUALIZATION OF COST OF SCHOOL-HOUSES. 

Section 35. Prior to the erection of any school-house by the 
town board of directors, they shall estimate and determine the val- 
uation of all the school-houses and sites in their town, and when 
so determined the secretary shall place upon record a tabular state- 
ment containing the number of each sub-district, the value of its 
school-house and site and the valuation of its taxable property, as 
appears from the last assessment-roll of the town; and thereafter 
for a period of ten years from the date of the meeting at which such 
determination of values was had, when a tax shall be voted to build 
a school-house or purchase a site, such tax shall be so distributed 
and assessed upon the several sub-districts, that those having the 
least amount invested in school-houses and sites in proportion to 
the assessed valuation of their property, as appears from the record 
made at the time of the determination of values aforesaid, shall 
pay most towards said tax in proportion to the assessed valuation 
of their property at the time the tax is assessed, in order that the 
sums paid b}' the different sub-districts in the town for the pur- 
chase of sites and the erection of school-houses, shall be equalized; 
'provided, that if the board of directors of any town shall decide that; 
the taxes for the purchase of sites and the erection of schoolhouses 
shall be assessed equally upon property, then the aforesaid pro- 
visions in reference to equalizing such taxes shall not be operative 
in such town. 

cities and villages exempt from the system. 

Section 36. Each city in this State, and every village having a 
graded school with not less than three departments, shall consti- 
tute a separate school-district; and all those cities and villages 
having no system of school government provided for in their char- 
ters, shall be subject to the provisions of chapter 155, [general laws 
of 1863,] and the acts amendatory thereto. Whenever the terri- 
tory of a school-district of an incorporated village shall extend be- 
yond the limits of said village, the whole of such territory shall 
remain in such district and form a part thereof until detached by 
authority of law, and the provisions of this act shall have no 
force or effect in such villages or districts. 

TIME FOE VOTING ON THE SYSTEM. 

Section 37.* The legal voters of any town in the State may, at 
any town meeting or spring election or at any fall election, vote 

* See chapter 33, general laM's 1870, and chapter 94, general laws 1872. 



125 

upon the question of " township school c^overnment.''' Sucli voting 
shall be by ballot, and the ballots used shall have written or printed 
thereon the words, " township school government — yes;" or the 
words, '■ township school government — no.'' A special box shall 
be provided for the reception of said ballots, and the votes cast shall 
be counted, canvassed, and a record thereof made as in the case of 
other votes cast at such election; and if it shall appear that a ma- 
jority of the ballots cast have Avritten thereon the words, "town- 
ship school government — yes," then the provisions of this act shall 
immediately become operative in such town; otherwise they shall 
have no force or effect therein. No vote shall be taken upon the 
question of township school government in pursuance of this act, 
unless notice thereof shall be given as hereiiiafter provided. The 
town clerk of an}' town, upon the petition in writing of any ten 
electors of said town, shall publish by posting in three of the most 
public places in said town a notice in writing, that the question of 
township school government will be submitted to the electors of 
said town at the ensuing town meeting or fall election. Such no- 
tice shall be published and posted at least ten daj's before the hold- 
ing of any such town meeting or fall election; and any town hav- 
ing adopted the township school government according to the pro- 
visions of this act, may abolish the same at any town meeting or 
spring election, or at any fall election in the same manner as pro- 
vided for its adoption in this section; i^rovided, that the system of 
township government shall continue in force two years from the date 
of its adoption, before the question of abolishing it shall be acted 
upon, as heretofore provided. 

THE FIRST BOARD OF DIRECTORS. 

Section 38. The clerks of the various school-districts, together 
with the clerks of the joint school-districts, the school-houses of 
which are situated in any town adopting the township-system in 
the manner provided in the preceding section, shall constitute the 
first board of directors for such town. They shall meet and organ- 
ize within two weeks after the election at which said toAvnship sys- 
tem shall be adopted, and they shall hold their offices till the next 
annual meeting of the sub-districts of their town. 

Not many towns have as yet made trial of the sj'stem provided 
for in the preceding act. There is a natural hesitation in chang- 
ing from the methods of school-management with which people 
are familiar, to others that are new to them. It will be seen that 
section 37 of the law is so modified that any town which adopts the 
new system and is not satisfied witli it, can return to the old one, 
but not till after a trial of two years. With a little patience how- 
ever, and a willingness to consider the general good rather than 
local advantage, the town organization will be found much better 
than the plan of single independent districts. 



126 

Another amendment of the law in 1873, made by the legislature, 
is a provision for compensating the " secretary of the town board 
of directors '' for his services. (See section 8.) 

On application to the State Superintendent, documents will be 
furnished showing the superior advantages of this system over the 
single-district system. 

" Some of the immediate benefits of the town organization would 
be," says a predecessor in office, Hon. J. G. McMynn: 

" 1. To secure in each town as many schools as there are now dis- 
tricts, and more or less as may be found best; all of them, how- 
ever, so organized as to be parts of a system adapted to the special 
wants of a community. 

" 2. To end disputes about district boundaries. 

" 3. To dispense with a large number of school-officers, and to re- 
duce largely the number of school-elections. 

" 4. To provide for each child going to that school which is most 
convenient and beneficial to him, considering his attainments and 
the studies he is pursuing. 

"5. To diminish the aggregate expense of the schools, and to es- 
tablish a uniform rate of taxation for the town, 

"6. To secure an efficient system of school-supervision for each 
town. 

" 7. To enable every town to establish a system of graded schools. 

"8. To secure for the schools better teachers and for the teachers 
better compensation. 

" 9. To improve school-houses and to provide them with what is 
needed for the use of the schools. 

'' 10. To promote uniformity of text-books and to introduce meth- 
ods of teaching and courses of study. 

" 11. To obtain more reliable statistics. 

" 12. To secure and to care for town libraries, containing a greater 
variety and a larger number of books than can be obtained under 
the present system.'' 



The Free High-School Law. 



[Chapter 323, General Laws of 1875.] 

Sectiox 1.* Any town, incorporated village, or city, or school- 
district which contains within its limits an incorporated village, 
in this State, may establish fand maintain, not exceeding two free 
high-schools whenever a majority of the legal voters voting upon 
that question at any regular annual meeting thereof, or at any spe- 
cial meeting legally called and held for that purpose, shall deter- 
mine so to do. The vote upon the question of establishing such 
high-school or schools, shall pe taken rira race, or by ballot, a& 
may be determined by the proper authorities for calling and con- 
ducting such annual or special meeting, and the manner of taking 
such vote shall be specified in the notices for such meeting, whereat 
such vote is to be taken; provided, that whenever it is determined 
by the proper authorities to take such vote, viva voce, the notice 
thereof shall specify the hour of the da}^ at which such vote shall 
betaken; and provided furtlier, i\\Q.i the electors of any town or 
incorporated city or village, or any school-district which contains 
within its limits an incorporated village, may, at the time appointed 
to take such vote, viva voce, order and determine that such vote 
shall be taken by ballot, and when such order shall be thus made, 
the vote shall be by ballot. The vote upon the question of estab- 
lishing high-schools in towns, incorporated vilhiges, cities, and 
school-districts which contain within their limits an incorporated 
village, shall be canvassed and determined in the same manner as 
now provided by law for canvassing and determining votes upon 
other questions relating to such municipalities, and special meet- 
ings for consideration of this matter shall be called and held in the 
same manner as now provided by law for calling and holding spe- 
cial meetings for other purposes. 

Before a high school can be established under this law, the elec- 
tors of the town, village, city or school-district desiring it must 
vote on the question at an annual or special meeting. The " pro- 
per authority " for designating the manner of taking the vote in 
case of a town, is the chairman of the town Ijoard and the town 

* See chapter 132, general laws, 1876. 



128 

clerk; for an incorporated village, the trustees and the village clerk; 
for a city, as may be provided in the cit}^ charter. Special meet- 
ings tp act on the question will be called in towns, as provided in 
chapter 15, section 16, of the revised statutes; in villages, as pro- 
vided in chapter 70, section 21, of the same statutes; in cities, as 
the charter may provide. 

The law providing for high schools is not retroactive. The gen- 
eral school-laws nowhere recognize existing high-schools as such, 
except as provided for in sections 22 to 30. In case therefore it is 
desired to bring any existing high school under the provisions of 
the new law, the town, village or city must take a vote to that ef- 
fect. Such vote will be taken under the provisions embraced in 
the first section. 

SECTioiir 2, Two or more adjoining towns may unite in establish- 
ing and maintaining a free high school; and the vote to thus unite 
shall be taken in each town separately, as hereinbefore provided. 
So long as any town shall decline to avail itself of the provisions of 
this act, any school-district or two more adjoining districts, whether 
located wholly in one or in different towns, may establish and main- 
tain a free high school, and the vote upon the establishment of 
such high school shall be taken in each district separately, at an an- 
nual or special meeting thereof, called and held in the manner now 
provided by law for calling and holding hnnual or special school-dis- 
trict meetings; provided, that no more than two such high schools 
shall be established in any town; and provided furtJier, that when- 
ever any school-district or districts included in towns uniting to 
establish and maintain a free high-school, shall, by itself or them- 
selves, establish and maintain a free high school in any town where 
no such school exists, such district shall be exempt from liability 
to taxation for the support of the high schools maintained by the 
several towns in which such such school district or districts may 
be included. 

Ifc is to be held that a town has " declined " to establish a high 
school, when a vote has been taken on the question, at an annual 
or special meeting, and is in the negative. Measures should there- 
fore be taken to ascertain the sense of the town on the subject be- 
fore an}' action is taken by one or more districts. It is desirable 
that the town should act, but if it declines, then districts, may 
act. As will be seen by section 1, (as amended in 1876,) a district 
which embraces an incorporated village within its limits may vote 
on the question without waiting for the town to " decline." 

The case in which the action of a district or two or more adjoin- 



129 

ing districts is most likely to be successful is where they embrace 
within their limits an unincorporated village with a large school- 
house, and a good graded school already in operation. 

^ Sections" 3. Towns, cities, and villages shall receive in trust, and 
faithfully expend, donations and bequests made to aid in the main- 
tenance of free high-schools, and shall receive State aid in such 
cases, to the same extent and on the same conditions as if such 
schools had been established and maintained by taxation. Towns, 
cities, and villages, school-districts, and counties, in case all the 
towns of any county unite in the establishment of one high-school, 
shall have power to levy and collect taxes for the establishment 
and maintenance of free high-schools in the same manner as they 
are now by law authorized to levy and collect taxes for other pur- 
poses; to determine the length of time such free high-schools shall 
be maintained during the year, and the amount that shall be ex- 
pended in their establishment, equipment, and management; to 
authorize the high-school board hereinafter provided for, to locate 
the free high-school permanently, or to provide that the terms of 
said high-school be held alternately in such school-districts em- 
braced in the territory uniting in its support as it may designate; 
to authorize the said high-school board to secure by purchase, lease, 
or otherwise, the necessary buildings, furniture, apparatus, and text- 
books for the use of such schools; to hire and contract with prop- 
erly qualified teachers; to apportion equitably the aggreate amount 
of taxes voted to be raised for the support of such high-school, and 
for that purpose to equalize the assessment of real and personal 
property made by the different town assessors, and determine the 
amount to be raised by each town, village, or school-district unit- 
ing m the support of a free high-school; and certifv the same to 
the town or village clerk, whose duty it is to assess^the tax upon 
the taxable property therein. 

It is to be noted under this section that when a high school is 
established, it may be located permanently, or terms may be held 
in diflFereut localities in the districts or towns combining to sup- 
port the same. It should also be noted that all the towns in a 
county may unite in establishing such a school. This arrange- 
ment may possibly best subserve the wants of some sparsely settled 
counties, and such county high-school may be permanently located 
or otherwise, as may be thought best. Care will need to be taken 
in any combination of towns or districts for supporting a high- 
school, that the question of taxation be properly adjusted. 

It is also to be noted that the high-school district may authorize 
the board to do certain things. It does not follow that the board 
9 Code. 



130 

can in no case do any of these things unless so authorized. This 
matter is further considered, in reference to a particular point, in 
the comments made on section 7. 

Section 4. Whenever any town or towns, village, or village 
and town, or school district or districts, shall determine to establish 
and maintain a free high-school under the provisions of this act, 
the immediate supervision and management of such free high-school 
shall be vested in a board known as the high-school board, which 
shall be composed of three members chosen by a convention of the 
district officers of all the school-districts composing the high-school 
district, said convention and election to be held at such time and 
place as may be agreed upon by a majority of the said school-offi- 
cers, a notice of which meeting, signed by said majority, or by some 
person authorized by them so to do, shall be given to the clerk of 
each school-district interested, whose duty it shall be to notify the 
other members of the board of which he is a mernhn-; provided, that 
when a single school-district shall establish a high-school in accord- 
ance with the provisions of this act, the district board of said dis- 
trict shall constitute the high-school board. The term of office of 
the members of the high-school board shall be the three years, ex- 
cept that at the first election of members of such board, they shall 
be elected respectively for one, two, and three years. Vacancies 
occurring in the board shall be filled in the same manner as now 
provided by law for filling vacancies in school-district boards; 
provided, that when two or more towns unite to form a high-school 
district, the county superintendent of the county in which the high 
school is located shall fill any vacancy that may have existed for 
more than ten days. 

No provision being made in this section as to the length of notice 
for the convention of district officers to choose a high-school board, 
it is recommended that the time be fixed at such a date that the 
clerk of each school-district concerned may be able to give those 
not joining in the call " at least five days " notice, as in case of the 
first meeting of an ordinary school-district. (Section 3, School- 
Code.) 

Section 5. Whenever any incorporated city, in which the man- 
agement of its schools is committed to a board of education, shall 
determine to establish and maintain a free high school under the 
provisions of this act, the immediate supervision and management 
of such high-school shall be vested in such board of education, and 
such board shall have the same power and authority in relation to 
such high-school as is vested in high-school boards created by this 
act in other places. 

In incorporated cities which have no board of education, but in 



131 

which the schools are under ordinary district boards, the high- 
school hoards should be constituted as is provided in section 4. 

Section 6. The high-school board shall choose from their own 
number a president and secretary, but when all the members of the 
board shall be agreed thereto, the secretary chosen .may be a per- 
son not a member of said board. When the high-school district 
shall comprise more than a single school-district, the treasurer of 
the high-school board shall not be a member thereof, but the treas- 
urerof the town wherein the high-school is located shalt be ex-of- 
ficio the treasurer of the high-school board. 

The board is to consist of three members. They are to elect a 
president and secretary, Avho answer to the director and clerk of an 
ordinary district board. A secretar}^ however, may be chosen out- 
side the board, and this will sometimes be advantageous. In case 
a high-school district comprises more than one school district the 
treasurer of the town is to be treasurer of the high-school district. 
As the board of education, in an incorporated city, is to constitute 
the high school board, so it is to be inferred, in the absence of any 
other provision, that in cities having such a board the city treas- 
urer will be ex-officio treasurer for the high-school board. In case a 
single district establishes the school, it is to be understood that as 
the district board becomes a high-school board, the director, clerk,, 
and treasurer of the former will be the president, secretary, and 
treasurer of the latter. 

Section 7. The high-school boards created bj^ this act are hereby 
invested with the same power and authority, in connection with 
the hio:h schools herein authorized to be established, as are now 
possessed by district boards in connection with the public schools 
of the State, and the duties of such high-school boards and the of- 
ficers thereof shall be the same as are now imposed by law upon 
said school-district boards and the officers thereof, so far as the same 
are applicable, and the}" shall be subject to the same provisions of 
law for neglect or malfeasance, with such restrictions and additions 
as are provided for in this act. 

To know precisely the powers and duties of a high-school board 
it will be necessary to consult carefully sections 46 to 56, of the 
School-Code, and compare them with this and the two following 
sections of this act. 

On comparing this sectio;i with section 3, some perplexity arises 
as to the intent of the law. For instance, section 3 empowers a 
high-school district to authorize the board, among other things, to 



132 

hire aud contract with properly qualified teachers. The question 
arises whether the board will have any power to hire teachers if 
not so authorized. It is not to be supposed that the law intends to 
depart from the usual practice in this matter. It does not empower 
the district to hire in case the district neglects to authorize the 
board to do it. Moreover, in this section now under consideration, 
it invests the high-school board with the same power and author- 
ity, and imposes upon it and upon its officers the same duties are 
imposed upon district boards and their officers. It must be held, 
therefore, that the board is to hire teachers, although the district 
neglect to perform the somewhat superfluous act of authorizing 
them so lo do. Upon any other construction of the law, the very 
object of the law may be rendered nugatory. 

Section 8. It shall be the duty of the high-school boards herein 
provided for, annually on or before the second Monday in July, in 
all cases where two or more towns or two or more school-districts 
constitute the territor}^ uniting in the support of a free high school, 
or where a single town or school-district empowers them so to do, 
or w^iere no other provision is made for that purpose, to hold a 
meeting and determine upon the amount necessary to be raised by 
tax for the support of such high school for the year; and if such 
school is maintained by portions of more than one town, to deter- 
mine what proportion of such amount shall be raised in that part 
of such high-school district situated in each town; and when such 
determination is made, the clerk of said high-school board shall cer- 
tify to the town clerks of the towns wherein such such territory is 
situated, the amount to be raised in their several towns respectivel}\ 
designating by school-districts the taxable property upon which 
such ameunt is to be assessed; and the said town clerk shall assess, 
and the town treasurer shall collect the same in the same manner 
as school-district taxes are now assessed and collected; and such 
taxes, when collected, shall be paid upon demand to the treasurer 
ot the high-school board entitled to receive the same, and by him 
be paid out upon orders drawn by the secretary of the high-school 
board, countersigned by the president thereof, in pursuance of the 
vote of the said high-school board, and in no other manner. 

This section requires careful attention as to the matter of deter- 
mining the tax to be raised, and the proportion to be assigned to 
the diflferertt towns or districts. 

Section 9. The high-school boards shall have the custody and 
and control of all the property belonging to such high-school dis- 
tricts, shall make all needful rules and regulations for the manage- 
ment of high schools; determine, with the advice and consent of 



133 

the State Superinteiitleiit of Public Instruction, the text-books, 
course of study, and minimum standard of qualifications for admis- 
sion to the same, and establish rates of tuition for which non-resi- 
dents of said high-school district maj' be admitted thereto. 

The important point in this section is that the advice and con- 
sent of the State Superintendent must be had in determining the 
text-books to be used, the course of study, and the minimum stand- 
ard for admission to the high-school. 

Section 10. The secretary of every high-school board shall an- 
nually, at the time now required by law for town clerks to report 
to county superintenents, report to the county superintendent of 
the county or district in which such high-school is situated, upon 
bla7iks furnished by the State Superintendent of Public Instruction 
for that purpose, such facts relating to such high school as said 
State Superintendent may reqnire, which shall include the number 
of weeks such high-school has been maintained, the whole amount 
expended for its support, the amount paid for instruction therein, 
the number of pupils attending the same, and also the average at- 
tendance. And the several county superintendents of the State shall 
include such reports in their reports to the State Superintendent in 
such form as he may require. 

The reports required by this section are to be made in 1876, 
between the 15th and 25th days of September. Appropriate blanks 
will be prepared and furnished. 

Section 11. Free high-schools, established and maintained under 
the provisions of this act, shall be subject to the laws of the State 
relating to the common schools as far as applicable, except as here- 
in provided. Any town may, from year to year, authorize its high- 
school board to contract with and pay the trustees of any academy 
or college, having a preparatory department, in said town, for the 
tuition of scholars in said town, in the studies contemplated in this 
act under the standard of scholarship hereinbefore provided to be 
established; and the expenditure of any town for tuition in such 
academy or college shall be subject to the same conditions, and shall 
entitle said town to the same aid from the State as if said town had 
made such expenditure for a free high-school. Any high-school dis- 
trict may make nse of any school-house or other buildings within 
its boundaries for high-school purposes, in whole or in part, adding 
thereto 'and equipping the same as may be necessary ;7iror/f/g(:/, such 
use be with the consent of the district board of said district. 

Three important items are to be noted in this section: 1. The 
fact that the high-schools established under this act will be subject 
to the ordinary school-laws, except as provision is made otherwise. 



134 

2. The power given the high-school board to utilize the instruction 
given in any academy or college in the same town instead of es- 
tablishing a separate school. 3. The power to use any school-ho^^se 
in the high-school district, with the consent of the board, or any 
other building. Of course the consent of the owners will be re- 
quired for the use of other buildings than school-houses. 

Section 12. When any free high-school shall have been estab- 
lished and maintained as provided by this act for at least thirteen 
weeks in any one year, such high-school district, on complying 
with the conditions herein set forth, shall be entitled to receive froin 
the State one-half the amount actually expended for instruction in 
said school, not, however, exceeding five hundred dollars in any one 
year to any one school or to the two schools of one town incorpo- 
rated village, or city; provided howler, that a high -school district 
of a larger population than three thousand shall be entitled to re- 
ceive at the rate of one hundred dollars additional for each addi- 
tional three thousand of population ; and provided further, that no 
high-school district, town, incorporated village, or city shall be en- 
titled to such aid unless the appropriation and expenditure for the 
high school or schools, on the part of such district, town, village, 
or cit}^ has been exclusive of the amounts required by law to be ex- 
pended for common-school purposes. Such State aid shall be paid 
from the State Treasury on and after the first day of December of 
such year. 

The amount required by law to be expended for common-school 
purposes is such an amount as is necessary to maintain a common 
school in each district at least five months. 

Section" 13. It shall be the duty of the Superintendent of Public 
Instruction carefully to examine the reports made to him annually 
by county and city superintendents relating to high-schools estab- 
lished and maintained under the provisions of this act, and the re- 
ports relative to the amount paid by towns to academies and col- 
leges for tuition of pupils therein under the provisions of this act. 
and after fully satisfying himself with relation thereto he shall 
make certificate to the Secretary of State showing what towns or 
districts are entitled to aid from the State under the provisions of 
this act, and the amount to which each such towns or districts are 
thus entitled ; and it is hereby made the duty of the Secretary of 
State, upon the receipt of such certificate, to issue his warrant upon 
the State Treasurer, payable to the tressurer of the town or district 
entitled to receive the same, for the sum thus certified as due and 
payable to each such town or district; and it shall be the further 
duty of the Secretary of State annually to include in the State tax 
apportioned to the several counties of the State, all amounts thus 
certified to by the Superintendent of Public Instruction as due and 



135 

payable under the provisions of this act, which sum shall be as- 
sessed and collected in the same manner as other State taxes are 
collected. 

On receipt of reports of county and city superintendents, the 
State Superintendent will examine them and certify to the Sec- 
retary of State, as provided in this section, as to moneys due. 

Section 14. There is hereby appropriated annually out of any 
money in the State treasury not otherwise appropriated, a sum 
sufficient to meet the expenditures authorized by this act. Provi- 
ded, that not to exceed twenty-five thousand dollars shall be drawn 
from the State Treasury for the purposes of this act during any one 
3'ear. 

Section 15. The term high-school district, where used in this 
act, shall be deemed and held to mean and include the territory 
united in the maintenance of a free high-school under the provis- 
ions of this act. 

Section 16. This act shall take effect and be in force from and 
after its passage and publication. 

The last three sections of the act require no comment, except 
that the limit of the entire expenditure to §25^000 in any one year 
may reduce the aid to less than one-half the amount expended by 
each hi2:h-school district. 



Miscellaneous Laws. 



CONSTITUTIONAL PKOVISIONS. 
[Article Tenth.) 

Section 3. The legislature shall provide by law for the estab- 
lishment of district schools, which shall be as nearly uniform as 
practicable, and such schools shall be free and without charge for tu- 
ition to all children between the age of four and twenty years ; 
and no sectarian instruction shall be allowed therein. 

Section 4. Each town and city shall be required to raise, by 
tax, annually, for the support of the common schools therein, a sum 
not less than one-half the amount received by such town or city re- 
spectively for school-purposes, from the income of the school-fund. 

Section 5. Provision shall be made by law for the distribution 
of the income of the school-fund among the several towns and cities 
of the State, for the support of the common schools therein, in some 
just proportion to the number of children and youth resident 
therein, between the ages of four and twenty years, and no appro- 
priation shall be made from the school-fund to any city or town, 
for the year in which said city or town shall fail to raise such tax, 
nor to any school -district for the year in Avhich a school shall not 
be maintained at least three months. 

apportionment of school-fund income. 

[Chapter 10, Revised Statutes.) 

Section 68.* It shall be the duty of the State Superintendent, 
between the tenth and fifteenth days of June in each year, to 
apportion and distribute the income of the state fund for the sup- 
port of common schools, which shall have beeji received up to the 
first day of June in each year, among the several counties of this 
state, and the share of each county, among its respective towns 
and cities, according to the number of children in each, over the 
age of four and under the age of twenty years, according to the 
returns thereof as made to his ofiice for the preceding year; proi^?c?(?<i, 
that no moneys shall be apportioned to any town for any district 

* See chapter 75, general laws of 1860. chapter 164, general laws 1872, and chapter 
300, general laws of 1873. 



137 

therein, for any year during which such district shall not have 
maintained a common school, taught h}^ a qualified teacher, the 
number of months prescribed by law, unless it shall appear to the 
satisfaction of the State Superintendent before the apportionment 
is actually made in such town, that such district has maintained a 
school therein by a qualified teacher, at least three months of the 
year, and has failed to maintain such school for the length of time 
required by law, only by reason of some nnusual and nnlooked for 
cause, which has prevented the keeping up of said school, there 
being no intent upon the part of such district to avoid maintaining 
a public school therein the prescribed length of time. If the rea- 
sons in this respect are sufficient, and appear to the satisfaction of 
the State Superintendent, he shall make such apportionment 
the same as if the laAV in this respect thereto had been fully 
complied with. And in case satisfactory evidence shall be laid 
before the State Superintendent that in consequence of a mis- 
take by a town clerk or other officer, money was not appor- 
tioned for and received by any school-district from the income 
of the school fund, to which said district was legally entitled 
by reason of having maintained five months' school during the 
last preseding school year, the said State Superintendent ishereby 
authorized and directed to apportion to said district from said fund, 
the amount of money to which it shall be found entitled; provided 
that no such apportionment shall be made unless the application 
and evidence in regard thereto shall be laid before the State Super- 
intendent within two years from the time when the mistake occur- 
red. 

Section 69. * The State Superintendent shall certify the appor- 
tionment of the school-fund income to the Secretary of State, and 
shall immediately give notice thereof to the clerk of the board of 
supervisors, stating the amount apportioned to his county, and to 
each town and city therein; and the Secretary of State upon re- 
ceiving such apportionment, shall immediately draw his warrant 
upon the State Treasurer in favor of the treasurers of the several 
counties for the amount apportioned to each. 

OF THE DISTRIBUTION OF THE INCOME OF THE SCHOOL-FUND. 

( Chapter 24:, Rensed Statutes.) 

Section 1. f The income of the State-fund for the support of com- 
mon schools, which shall be received up to the last day of May in 
each year, shall be distributed annually, between the tenth and 
fifteenth days of June in each year, or as soon thereafter as practi- 
cable among the several counties in this State, from which reports 
have been received by the State Superintendent, agreeably to law. 

Section 2. The treasurer of each county shall apply for and re- 

* See chapter 4, general laws of 1866. 

f See chapter 99, general laws of 1860, and chapter 178, general laws 1861. 



138 

ceive from the State Treasurer the school moneys apportioned to 
his county, as soon as the same shall become payable. 

Section 3. Each county treasurer recieving such moneys shall 
immediately give notice in writing to the treasurer of each city, and 
to the town treasurer of each town in his county, of the amount 
apportioned to such town or city, and shall hold the same subject 
to the order of such city treasurer or town treasurer. 

SECTioisr 4. In case the treasurer of any such city, or the town 
treasurer of any such town, shall not apply for and receive such 
moneys before the next receipt of school moneys apportioned to 
the county, the moneys so remaining v/ith the county treasurer 
shall be added to the moneys next received by him from the State 
Superintendent, and distributed therewith, and in the same propor- 
tion among the several towns and cities entitled thereto in such 
county. 

Section 5. Whenever it shall not appear from the certified state- 
ment of the clerk of the board of supervisors in any county, made 
to the State Superintendent, that the amount required by law to be 
raised for school purposes has been directed to be raised during the 
year by the board of supervisors ofsucli county, the superintend- 
ent shall not apportion any of the State school funds to such 
county, and in such case the moneys so withheld shall be added to 
principal of the common school-fund. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 
[Chapter 18, Revised Statutes.) 

Section 53.* The board of county supervisors, at their annual 
meeting in each year, shall estimate and determine the amount of 
moneys to be raised in each town and ward in their county, for the 
support of common schools therein for such year, which tax shall 
be levied and collected in each year, and shall not be less than the 
amount of school moneys apportioned to such town and ward by 
the State Superintendent, in his last apportionment of school 
moneys, nor shall the amount so raised for school purposes exceed 
three mills on the dollar, in any one j^ear, upon the valuation of 
the taxable psoperty in such county; and every such determina- 
tion for the raising of school moneys by the said board, shall be 
recorded by their clerk, and the sum so determined to be raised 
shall be assessed and collected for the use of common schools in 
each town and ward in such count3^ in addition to any sum any 
such town or ward may have voted to raise for the support of com- 
mon schools therein. 

Section 54. Whenever there shall have been no distribution of 
school moneys to any town or ward in any year, the county board 
of supervisors shall, at their annual meeting in that year, direct to 
be raised on the valuation of the taxable property in such town or 
ward, the same per centage or proportionable amount of taxes for 

* See chapter 40, general laws 1866. 



139 

the support of common schools therein, as shall be required to he 
raised for that purpose in other towns in the country. 

TRANSFER OF DEFICIENCY IN COUNTY SCHOOL-TAX. 
(Chapter 164, General Laws o/1873.) 

Section '-5. The board of supervisors of those towns which have 
not raised, by order of the county board of supervisors, a sum suf- 
ficient to entitle them to an apportionment of school money for any 
school j'ear, are hereby authorized to transfer from the general fund 
to the school fund of their respective towns, the amounts in which 
said towns are deficient; and upon the receipt by the State Super- 
intendent of Public Instruction, of the certificate of any town clerk 
that the requisite amount has been transferred, he shall apportion 
to said towns the full sum of school money to which said towns 
would have been entitled provided the county boards had levied 
upon each town the amounts required by law 

Section 3. This act shall be construed to extend to cities and 
villao;es as well as towns. 

Section 4. All acts or parts of acts conflicting with the provi- 
sions of this act, are hereby repealed. 

This law enables those towns upon which the count}' board levied 
an insufficient school-tax to remedy the deficiency for the time being, 
and secure an apportionment from the income of the school fund. 
The la^v which follows, however, requires all such deficiencies in 
the levy of school taxes (and other taxes) to be made up. 

deficiencies in school-tax levies. 

{Ckaptcr 373, General Laws 1876.) 

Section 1. Whenever the board of supervisors of any county in 
this State shall fail to apportioji against any organized town there- 
of, in any year, any State, county, or school-tax, or any part of any 
such tax, with Avhich such town is or should be properly charge- 
able, it shall be lawful and it is hereby made the duty of the board 
of supervisors of the county in which such town is situated in any 
succeeding year thereafter, to apportion any and all such taxes so 
failed to be apportioned against fsuch town and add the same to the 
amount of the annual or current tax apportioned to such town. It 
shall be the duty of the clerk of the said board to certify the gross 
amount of such tax to the clerk of such town in the same manner 
and at the same time as he is now required by law to certif}' the 
annual apportionment of taxes; and it shall be the duty of the town 
clerk of such town to calculate and carry out the gross amount of 
such omitted and current taxes in the manner and at the time now 
provided by law for carrying out taxes in town tax-rolls and war- 
rants. The provisions of this act shall apply to the wards in cities 



140 

and incorporated towns and villages, and to such failures so to ap- 
portion that have heretofore occurred as well as to those that may 
hereafter occur. 

The effect of this law, so far as it relates to schools, is to require 
county boards to remedy their own failures to levy sufficient school- 
taxes. It not unfrequently happens that the school-tax levied up- 
on a town, village or city is too small because less than the last 
annual apportionment of school-money to such town b}^ the State 
Superintendent. And it should be noted that the transfer of an 
amount equal to such deficiency in the tax-levy, from the general 
fund to the school-fund of the town, as provided for in chapter 164, 
general laws of 1872, does not remove the obligation to carrj^ out 
the provisions of the new law. The deficienc}^ in the tax must still 
be raised. Whether the town should not then be authorized to 
make a re-transfer from the school-fund to the general fund, is a 
question for the next legislature. It will be noticed, also, that the 
law is retroactive, covering failures and deficiencies in the past as 
well as the future, 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 
( Chapter 96, Laics of 1859.) 

Section 1. Whenever any organized town in this state shall have 
failed to levy, collect or pay over to the county treasurer of the 
county in which such town is situated, any state, county or school 
tax, apportioned to and charged against such town in any j^ear, 
and now is, or shall hei-eafter be delinquent for the sum or any 
part thereof, it shall be lawful, and it is hereby made the duty of 
the board of supervisors of the county in which such town shall be 
situated, in any succeeding year thereafter, to charge over any and 
all such delinquent taxes, and a penalty of twenty-five per cent, to 
the town thus delinquent, and add the same to the amount of the 
annual or current tax apportioned to such town. 

Section 2. It shall be the duty of the clerk of the board of su- 
pervisors to certify such gross amount of tax to the clerk of such 
delinquent town in the same manner and at the same time as he is 
now required by law to certify the annual apportionment of tax as 
provided in section 56 of the chapter to which this is amendatory. 

Section 3. It shall be the duty of the town clerk of such town 
to calculate and carry out such gross amount of delinquent and cur- 
rent tax, in the manner and at the same time now provided by law 
for carrying out taxes, as provided in section 59 of the chapter to 
which this act is amendatory. 

Section 4. Any town clerk who shall hereafter neglect or refuse 
to calculate and carrj^ out upon the assessment roll, any tax or 



141 

taxes apportioned to any town and certified to him by the clerk of 
the board of supervisors of the county in which such town is situ- 
ated, and attach a warrant thereto, and deliver the same to the 
treasurer of his town as provided by law, shall be deemed guilty of 
a misdemeanor, and on conviction thereof shall be punished by fine 
of not less than five hundred dollars nor more than one thousand. 

COLLECTION OF SCHOOL-DISTRICT TAXES WHEN THE COLLECTION HAS 

BEEN ENJOINED. 

{Chaplcv 76, General Lau-s 1866.) 

Section 1. In all cases where any officer has been or hereafter 
may be enjoined from the collection of any school-district tax or 
taxes levied or assessed upon any land or lands subject, under any 
law of this State to taxation, and where such injunction shall be 
dissolved by order of the court, if such tax or taxes shall remain 
unpaid for thirty days after the dissolving of such injunction, such 
tax or taxes shall be collected in the manner hereinafter provided. 

Section 2. The clerk of the district by and in which such tax or 
taxes were voted to be raised, shall make out a tax list, and shall 
enter therein the names of the person or persons liable to pay such 
tax or taxes, and opposite to each such name, in separate columns 
prepared for that purpose, he shall enter the amount of personal 
property belonging to such person, the amount of tax thereon, the 
collection of which has been enjoined as aforesaid, a description of 
the real estate belonging to such person, the valuation thereof, and 
the amount of tax thereon, the collection of which has been en- 
joined as aforesaid. The names of such person or persons, the 
amount of such personal property, the description of such real es- 
tate, the valuation thereof, and the amou7it of such tax, shall be 
ascertained, so far as possible, from the assessment-roll Avhich was 
in the hands of the officer at the time the collection, of such tax 
was enjoined. 

Section 3. The clerk of such district shall annex to such tax -list 
a warrant under his hand, directed to the treasurer of such district, 
and commanding him, the said treasiirer, to collect from each of the 
taxable persons and corporations named in such tax-list, and the 
owners of real estate described therein, the several sums set op- 
posite to the persons and corporations so named, and to the several 
tracts of land so described, within ten days from the date thereof, 
and within five days from the date of such warrant, personally, to 
demand such tax of the ])ersons charged therewith in such list, if 
they be found within his district, or upon the lands placed opposite 
their respective names in such list; and if any such tax shall not be 
paid within five days, to collect the same by distress and sale of per- 
sonal property, in the same manner as town treasurers are author- 
ized to collect town and county taxes, and the said treasurer shall 
execute said warrant and return the same to the clerk of such dis- 
trict, at the expiration of the time limited therein for the collection 
of such tax-list. 



142 

Section 4. Ifanytaxon real estate in any tax-list delivered to 
the treasurer of any school-district, shall remain unpaid at the time 
he is required by law to return his warrant to the clerk of the dis- 
trict, such treasurer shall make out and deliver to the county treas- 
urer of his county, a statement in writing, containing a description 
of the lots and pieces of land upon which such tax remains so un- 
paid, together with the amount of tax assessed to each, and the 
name of the person to whom each lot or piece of land is assessed; 
and he shall make and subscribe an affidavit to such statement be- 
fore some justice of the peace, or other person authorized to admin- 
ister oaths, that the taxes mentioned in such statement remain un- 
paid, and that after diligent efforts he has been unable to collect 
the same; and whenever any school district shall embrace parts of 
more than one county, such treasurer shall make his return as afore- 
said to the county treasurer of the county in which the lands upon 
which such tax remains so so unpaid shall be situated. 

Section 5. The county treasurer upon delivery to him of such 
statement, shall give a certificate to the district treasurer of the 
amount of taxes so remaining unpaid, as the same shall appear from 
the statement of such district treasurer, which certificate shall be 
deposited by the district treasurer with the district clerk, and shall 
be filed by such clerk. 

Section 6. The county treasurer immediately upon receiving 
such statement, shall proceed to advertise and sell the said lands 
upon which such taxes remain unpaid as aforesaid, as appears from 
such statement, in the same^manner and with the like notice as he 
is authorized to sell lands for unpaid taxes returned to him by the 
town treasuerer. 

Section 7. At any time within twenty days after such lands shall 
be sold as aforesaid by the county treasurer, the district treasurer 
shall present to the county treasurer a copy of the certificate so 
delivered to him as aforesaid by the county treasurer, which said 
copy shall be certified to by the district clerk, and the county trea- 
surer shall pay to such district treasurer the amount of taxes due 
to such district, as soon thereafter as the same is collected. 

The above law applies to cases in which the collection of a school- 
district tax being enjoined, the injunction is not dissolved in time 
to permit the officer who holds the tax-list to collect said tax. 

education of children of the county poor, 

(Chapter 156, General Laics o/1873.) 

Section 1. Whenever any person of lawful school age shall be 
maintained at the public charge, such person shall be deemed for 
school-purposes, residents of any school-district in wliich they may 
habitually live. 

Section 2. In case the person be so maintained by the county, 
the county board of supervisors shall, for each year, allow to any 



143 

district in which such person maj' attend school, an amount for each 
person so attending, which shall be equal to the amount expended 
in that 3'ear for each pupil in such district for school-purposes, 
which amount shall be reckoned by the district officers, without 
reference to the number of pauper children attending the school^ 
and in case such person be maintained b}' any town, such town 
board of supervisors shall allow to any district in which they 
attend school, an amount which shall be reckoned in the same 
manner as herein provided in cases where the pupils are maintained 
by the county, 

teacher's month. 

(Chapter 3Q^ General Lafs, 1876.) 

Section 1, Section one (1,) of chapter one hundred and sixty- 
eight (168,) of the general laws of 1871, is hereby amended by 
striking out the word " twenty-two" from said section wherever it 
occurs,and substituting in the place thereof the word "twenty," 
so that the section, when amended, will read as follows: Section 
one (1,) Hereafter, in all settlements for wages between teachers 
and school-boards, or other employers of teachers in the public 
schools, on all contracts that maybe entered into subsequent to the 
passage of this act, twenty days shall be understood as constituting 
a school-month, unless it be otherwise specified in the contract; 
provided, that in all such settlements, on the basis of twenty days 
to H month, all legal holidays occurring on regular school-days, 
shall be counted and included, although no school be taught; and 
provided further^ that teaching on Saturdays shall not be counted 
or included. 

The effect of this act is to make the teachers' month 20 instead 
of 22 days, unless it be otherwise specified in the contract. It will 
apply to all contracts made subsequent to the 23d of February, 1876^ 
but not to any previously made. It brings the two sections of the 
chapter which it amends into harmony. 

GENERAL ELECTION DAY A HOLIDAY. 

{Chapter 32, General Laics o/1872.) 

The day of holding the general election in each year shall be a 
legal holidaj'. 

FREE TEXT-BOOKS. 
[Chapter 315, General Laws ^ 1875.) 

Section 1. The qualified electors of any school-district or of any 
town in which the township system of school-government has been 
adopted, ma}'', by legal vote, and the board of aldermen or board of 
trustees of any city or incorporated village may, by ordinance or 



144 

resolution, authorize the school board or board of school directors 
of such district, town, or incorporated city or village, to purchase 
text-books, for use in the public-schools, said text-books to be the 
property of the district, town, village or city so purchasing, and to 
be loaned to pupils or otherwise furnished to them under such con- 
ditions and regulations as the aforesaid school authorities may pre- 
scribe. 

JOURNAL OF EDUCATION. 
{Chapter 164, General Laws, 1871.) 

Section 1. Each school-district clerk is hereby authorized to 
subscribe annually for one copy of the " Wisconsiji Journal of Ed- 
ucation." the subscription price and postage to be paid by the dis- 
trict, and to be included in any of the taxes levied by the district at 
an annual or special meeting, as may be convenient. Each town 
clerk, or if the town shall have adopted the town system of school- 
government, then the secretary of the town board of directors, is 
authorized to subscribe for one copy, the expense of which rnd the 
postage shall be paid by the town, and included in the town taxes 
for school purposes. 

The price of the Journal of Education is ^1.10, in advance. This 
sum pre-paj's the postage. 



Forms For Use of School Ofl&cers. 



No. 1. 

Form of order organizing a new school-district, to be filed with the town clerk. 

It is hereby ordered and determined that [^Iiere describe the terri- 
tory to he comprised in the district, hij sections and parts of sections^ 
shall hereafter constitute a school-district, to be known as school- 
district No. — , of the town of . 

Given under our hands this day of , A. D. 18 — . 

A. B. ) Supervisors 
C. D. f of the town 
)of . 



E. F. 



No. 2. 



Form of order organizing a joint school-district. 

It is hereby ordered and determined that | here describe the terri- 
tory by sections and parts of sections'] shall hereafter constitute a 
school-district, to be known as Joint School-District No. — of the 
towns of [here insert the names of all the towns in which any por- 
tion of the district is situated.] 

Given under our hands this day of — — A. D. 18 — . 

A. B. ) Su2)errisors 
C. D. y of the town 

E. F.\of . 

G. H. ) Supervisors 
I. J.f of the town 
K. L. ) of . 

Note. — The above order must be signed by at least two supervisors from each 
town affected by it, and it must be filed with the town clerk of each town. 



No. 3. 

Form of notice for the first meeting of a school-district, to be delivered by the town 
supervisors to a taxable inhabitant of the district. 

Having, on the day of , 13 — , formed a new school-dis- 
trict, to be known as school district No — , of the town of [or 

10 Code. 



146 

joint school-district No. — of toicns of and in case it he a 

joint district} comprising the following territory: [Here insert the 
description of the district as in form No. 1], you are hereby directed to 
notify every qualified roter of said districts to attend the first' town 
meeting thereof, which is hereby appointed to be held at the house 

of , in said district, on the day of , 18 — , at — o'clock 

in the | — noon, by reading this notice in the hearing of each such 
voter, or in case of absence from his place of residence, by leaving 
thereat a written notice of the time and place of such meeting, at 
least five days before the time appointed for such meeting. 

Dated at , this day of , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. >• of the toivn 
E. F. ) of . 

Note. — If it is a joint district, the notice must be signed by the supervisors of 
each town in which any part of the district lies. 



No. 4. 

Form of notice for first meeting, to be left at the residence of a voter when absent. 

ToA. B.: 

By direction of the supervisors of the town of , you are here- 
by notified that the first meeting of school-district No: — of , 

recently formed, will be held at the house of , in said district, 

on the day of , 18 — , at — o'clock in the noon. Your 

attendance is requested. 

(Signed.) G. H. 

Person appointed to give notice. 



No. 5. 



Form of return to be endorsed upon notice received from town supervisors, on the 
formation of a school-district. 

I hereby certify that I have notified the following named persons 
[Rere give the names in full, \ personally, and the following named 
persons [Here insert names,^ by copy, according to the direction of 
the within notice. 

Dated this day of , 18 — . 

(Signed.) G. H. 

Person appointed to give notice. 



147 

No. 6. 

Form of notice for a meeting of a school-district, is to be delivered by the town su- 
pervisors, to a taxable inhabitant, in case there is no oiScer to call a meeting. 

To A. B., a taxable inhabitant of School-District No. — , of ■ . 



You are hereby directed to notify every qualified voter of ■ School 
District No. — , of , to attend a meeting thereof, which is here- 
by appointed to be held at the house of , in said district, on the 

day of 18 — , at — o'clock in the noon, by reading 

this notice in the hearing of such voter, or in case of absence from 
his place of residence, by leaving thereat a written notice of the 
time and place of such meeting, at least five days before^ the time 
appointed for such meeting. The following is a description of said 
district: {Here describe the district as inform No. ^.] 
(Signed.) 

A. B. ) Supervisors 
C. D. \ of the totcn 
E.F.Jo/ . 

Note. — If it is a joint district, the notice must be signed by the supervisors of 
each town in which any part of the district lies. 



No. 7. 



Form of acceptance of office by district officers elected at the first meeting after the- 
formation of a district, to be filed with the district clerk. 

I hereby signify my acceptance of the office of , of school- 
district No. — , in the town of , to which I have been elected. 

Dated this day of , 18 — . 

(Signed.) • G. H.. 



No. 8. 

Form of notice to be given to the district clerk when alteration of the boundaries of 
a district is contemplated. 

To C. Z>., clerk of school- district No. — , of town of ; 



You will take notic that we shall be present at [Here mention 

the place] on the day of , 18 — , at o'clock in the 

noon, to hear and decide upon certain proposed alterations of 

the boundaries of said school-district. 

Dated this day of , 18. 

(Signed.) A. B. J Supervisors 

C. D. [ of the town 
E.F.Jo/ 

Note. — In case of a joint district the above notice must be signed by a majority 
of the supervisors of each town, a part of which is embraced in the district or dis- 
tricts to be aflfected by the proposed alteration. 



148 
No. 9. 

Form of order altering the boundaries of a school-district. 

It is hereby ordered and determined tliat the [Here describe the 
territory by sections and parts of sections^ now part of school-dis- 
trict N*. — •, of the tow]i of , be, and hereby is taken from 

said school-district, and attached to and make a part of school- 
district No. — , of said town, for all purposes whatsover. 

This order will take effect on the day of , 18 — . 

Given under our hands this day of , 18 — . 

A. B. ) Supervisors 
C. D. \ of the toicn 
E.F.Jo/ . 

Note 1. — The above order must be iiled T\'ith the town clerk and the district 
clerk, and in case of a joint district the order must be signed by a majority of the 
supervisors of each town, a part of which is embraced in the district, and filed with 
the town clerk of each town, and the district clerk of each district affected by the 
alteration. 

Note 2. — The board of each district aflected by the alteration, should indorse 
their consent on the order, as follows: 

^'V'e hereby consent to the alteration made in school-district No. 

— , of the town of , agreeably to the within order of the town 

supervisors of said town. 

G. H., Director, ) Of said school-district 

E. F., Treasurer, /- No. of the town 

C. D., Clerk, ) of . 

Note. — When such consent is not indorsed upon tlie order, it will not take effect 
until three months from its date. 



No. 10. 



Form of order of town suj)ervisors awarding proportion of value of property to new 

district. 

To the district clerk of school district No. — of the town of ■; 

Having formed a new school district. No. — , of the town of - 



in part [or wholly \ from the territory of your district, we have as- 
certained and determined the proportion of value of the school- 
house and other property justly due to such new district from your 

district, retaining such school-house and other property, to be 

dollars. You are, therefore, to raise and collect by tax, upon the 

taxable property of your district, the said sum of dollars, and 

when collected pay the same to the treasurer of said new dis- 
trict. 

Given under our hands this day of , A. D., 18 — : 

E. F. ] Supervisors 
C. D. \ of the town 
A. B.)of . 

Note — In case of a joint district the above notice must be signed by a majority of 
the supervisors of each town embraced, in part, in the district. 



149 

No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school-district 

No. — , of the town of , that the annual meeting of said district 

for the election of ofiicers and the transaction of other business, 
will be held at , on the last Monday, being the — day of Sep- 
tember, {_<))• Augustl at 7 o'clock in the afternoon, [tniless some oth- 
er hour was determined }(pon hij the district at fJie previous annual 
meeting.^ 

Dated this — day of , IS — . 

C. D., 
District Clerk. 

Note. — The above notice must be affixed to tJie outer door of the school-house, 
if there be one in the district, and must be posted up in at least three other public 
places, at least six days before the time appointed for the meeting. 



No. 12. 



Form of notice for an adjourned district meeting, when such meeting has been ad- 
journed for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified electors of 

school-district No. — , in the town of , will be held at , in 

said district, on the — day of — , 18 — , at — o'clock in the 

noon, pursuant to adjournment. 

Dated this — day of , IS — . 

C. D.. 
District Clerk. 

Note. — The foregoing must be posted the same as for the annual meeting. 



No. Vi 



Form of request for clerk to call a special district meeting. 
To A. B.^ clerk of school-district No. — , of the toum of 



Sir — You are hereby requested to call a special meeting of the 

above district on the day of , 18 — , at — o'clock in the 

noon, for the purpose of, [here state the business to he trans- 
acted.] 

(Signed.) A. B. 

CD. 
E. F. 
G. H. 
I. J. 

Note. — The above notice must be signed by at least five legal voters. 



160 

No, 14. 

Form of notice for special diistrict meeting. 

Notice is hereby given to the qualified electors of school-district 

No. — , in the town of , that a special meeting of said district 

will be held at , on the day of , 18 — , at — o'clock m 

the noon, for the following objects: [Here partkidarltj specify 

each item of business to be acted t(poHS\ 

(Signed.) C. D., 

District Clerk. 

Note. — The above must be posted as for an annual meeting, and in case it is in- 
tended to raise a tax, three-fourths of the legal voters must be personally notified of 
the meeting, or a copy of the above notice must be left at their places of residence, at 
least six days befoi'e the time appointed for the meeting. 



No. 15. 



Form of notice to town supei'visors of action of a district meeting in reference to the 
formation of a union district. 

To the board of supervisors of the town of : 

At the aimnal meeting held in district No. — , of said town on 
the day of — • — . A. D. 18 — . the qualified electors then pres- 
ent voted to unite with district No. — , in forming a union district 
for high school purposes, and the following are the names of the 
persons voting upon said proposition: 

Foe the U^^ion". Agaiis"st the Union. 
A. B. E. F. 

C. D. G. H. 

etc. etc. 

I hereby certify that the foregoing is a correct copy of the min- 
utes of the annual meeting, so far as they relate to the matters 
therein set forth. 

Dated the day of , 18 — . 

(Signed.) 

A. B., 
District Clerk. 

Note. — Two thirds of the qualified electors must vote in favor of the formation 
of a union distrtct, or the action is void; and in case either of the districts so voting 
is a joint district, and the above notice must be served upon the supervisors of all 
the towns in which the district is situated. 



151 

No. 16. 

Form of order organizing a union high-school district. 

Notice of the action of districts Nos. and , having been 

served upon us according to law, it is hereby ordered and deter- 
mined that, {Here describe the territonj hy sections and parts of 
sections,^ shall hereafter constitute a union district for high-school 
purposes, to be known as union district No. — of the town of . 

Given under our hands this day of , A. D. 18 — . 



A. B. ) Supervisors 
C. D. y of the town 
E. F. ) 0/ . 



Note. — Wlien the territory of the union district is situated in more than one town 
a majority of the supervisors of each town must sign the order, and a copy of it must 
be filed by tlie town clerk of each town in which the district lies. 



No. 17. 

Fonn of appointment of first board of union district. 

By virtue of authority vested in us, jve hereby appoint A. B., 
director; C. D.. treasurer; and E. F., clerk of union district No. — , 

of the town of . 

Given under our hands this day of , 18 — . 

A, B., ) Supervisors 
C. D., \ of the town 
E. F., ) of . 



No. 18. 



Form of notice to be given by the clerk of a school-district meeting, to the officers 
elect who were not present at the meeting. 

To .• 



You are hereby notified that a meeting of school-district No. — , 

in the town of , held on the day of , 18 — , you were 

duly elected of said district. 



Dated this day of , 18- 

(Signed.) 



C. D., 
Clerh of said meeting. 



Note. — This notice is required to be given witliin five days after the meeting, and 
only to those persons elected to office who were not present at the time. 



162 

No. 19. 

Form of refusal to accept district office, to be filed with the clerk of the district. 

To the cleric of school-district No. — , /« the town of ; 

Yon are hereby notified of my refusal to accept the offie of 

to which I was elected at the meeting of said district held on the 

day of , 18 — . 

(Signed.) • G. H. 

Note. — This notice of refusal must be filed Avithin ten days after the election, or 
the person will be deemed to have accepted the office, and be liable for non-per- 
formance of duty. 



No. 20. 

Form of bond of district treasurer, to be filed with the district clerk. 

Know all men by these presents, that we, E. F., treasurer of 

school-district No. — , of the town of , and L. M.. his suret}^ 

are held and firmly bound unto said school district in the sum of 
[Jiere insert a sum of double the amount to come into the treasurer's 
/lands, as near as can be ascertained] to be paid to the said school- 
district, for the payment of which, well and truly to be made, we 
bind ourselves, our heirs, executors and administrators, jointly and 
severally, firmly by these [presents. Sealed with our seals and 
dated this ■ — day of , A. D., 18 — . 

The condition of the above obligation is such that if the said E. 
F., treasurer as aforesaid, shall faithfully discharge the duties of 
his office as treasurer of said school-district, and shall well and truly 
pay over to the person or persons entitled therein, upon the proper 
order therefor, all sums of money which shall come into his hands 
as treasurer of said district, and shall, at the expiration of his term 
of office, pay over to his successor in office all moneys remaining in 
his hands as treasurer aforesaid, and shall deliver to his successor 
all books and papers appertaining to his said office, then this obli- 
gation shall be void, otherwise of full force and virtue. 

Signed, sealed, and delivered in ) 
presence of R. S. [■ E. F. [seal] 

G. H. ) L. M. [sealJ 



Form of ajjproval to be indorsed on the bond of treasurer. 

We approve of the within bond and surety. 

(Signed.) G. H., 

Director. 
C. C, 

Clerk. 



153 

No. 21. 

Form of notice to treasurer to furnish additional security. 

To A. B.. treasurer of school district No. — ; 

Sir — Deeming the security upon your bond insufficient to pro- 
tect the district against loss, we hereby require 3'ou to furnish a 

new bond in the sum of $ , with sureties to be approved by us, 

Avithin ten days of the date hereof. 

Dated this day of , 18 — , 

(Signed.) 

C. D., 

Director. 
E. F. 
Clerk. 



No. 22. 

Form of order on treasurer for moneys to be disbursed by school district. 

To A. B., treasurer of school district Xo. — . in the town of ; 

Please pay to , the sum of dollars for [Jiere specif ij 

the object for which tlie money is to he paid.,] out of any money in 
your hands, not appropriated, belonging to the [here name the fund 
on which the order is drawn | of said district. 

Dated this — day of , 18 — . 

(Signed,) C. D., 

District Cletk. 
G.H., 
Directo): 



No. 23. 



Form of certificate to be attached to the proceedings of a district meeting, by the 
person acting as clerk, in tlie absence of the district clerk. 

I hereby certify that the foregoing is a correct and complete rec- 
ord of the proceedings of {tJie annual or special meeting, as the 

case may be.^ held in school district No. — , of the town of . 

(Signed.) A. B., Clerk, pro tern. 



15i 

No. 24. 

Form of contract between district and teacher. 

It is hereby agreed between school-district No. — of the town of 
-, and L, M., a qualified teacher of the town of , that the 



said L. M. is to teach the common school of said district for the 
term of [Aere insert the time,] for the sum of per month, com- 
mencing on the day of , 18 — , it being understood and 

agreed that days' teaching shall constitute a month, and that 

on Saturday there shall be [insert ""no school taught,''^ or otherwise, 
as may be agreed,] and for such services, properly rendered, the 
said district is to pay to the said L. M., the amount that may be 

due, according to this contract, on or before the dav of , 

18—. 

Dated this day of , 18 — . 

A. B., Director, 
C. D., Treasurer^ 
E. F., Clerk, 
L. M., Teacher. 

!NoTE. — In case the teacher is employed in a graded school, the particular depart- 
ment for which he is engaged may be specified in the contract may read " dol- 
lars per week," if hired by the week. When the teacher is hired by the month, it 
is best always to specify in the contra,ct how many days of teaching shall be coasidered 
a month, and in all cases whether there shall be school on Saturday. 

Jg@°"The contract must be signed by at least two members of the board. (See sec- 
tion 42.) 

Jg@^JBy chapter 39, of general laws of 1876, printed on page 143, of- this cede, it 
will be seen that 20 days now constitute a teachers' month, unless otherwise specified 
in the contract. When a teacher is hired at 20 days for a month, there should be 
no school on Saturday. 

J6@°'A11 legal holidays count as school-days, for both teacher and district, if they 
come on a day when school would be taught. 

H^" Forms 25 and 26, for repons of district clerks, are omitted. 



155 • 

No. 27. 

Form of school register to be kept by the teacher of each school. 

Upon the first page or pages of the register should appear the 
names, and studies of the several pupils, in manner as follows: 















STUDIES. 












Names. 


1) 

<, 

13 

12 

9 

7 

16 

18 

16 

15 

10 

11 

9 

17 




60 

a 

CD 


fcb 


g 

6 
1 


o 

3 
< 


r- 




o 

1 














S Smith 


1 












\V Stone 














T Talbot 


















1 

; 

1 




1 

1 


1 
1 
1 


1 












1 








S White 








E Mace 












S Tallman 
















W Bright 


1 














E Thorn 














W Jack 


1 


1 


1 


1 

























Other studies than those noted may be inserted in the blank 
columns. 

Following this will be found the daily register of attendance, in 
form as follows: 



-for ihe 



' 156 

Daily register of school taught in district No. — , of 
term of months, commencing 181 — , 

This mark (/) indicates present in the forenoon; this (\) present 
in the afternoon; this, (X) present all day. 





AGE. 


M. 

X 
X 
\ 
/ 
X 
X 
X 

\ 

X 

/ 

X 
X 

10 


T. 

X 
X 

\ 
\ 

X 

/ 
x" 

"x" 

/ 

X 

8)2 


w. 

\ 
X 
X 

x' 

US- 

X 

\ 

X 
X 

z 

9 


TH. 

X 
X 
X 

\ 

Y 
X 
\ 
\ 

X 

"/' 

8>^ 


\ 

X 

\ 
\ 

\ 

X 
X 


s. 


S . Ero wn 




S. Smith 




X 


W. Stone 






S- Talbot 










'\Y, Jones 




X 


S. White , 






K. Mace 






J. Tallman 




X 
X 
X 

X 

9>2 


/ 


W. Bright 




^ 


E. Thorn 




^ 


W. Jack 




/ 


Attendance 




5 









Note. — The age of the pupil should be taken when the name is registered, The 
figures at the bottom of the column show the actual number of days' attendance 
for that particular day. Each night the teacher should foot tlie column for the daj, 
placing the number of days' attendance in figures at the bottom. The sum of these 
numbers for the several days' of the term will give the day's attendance for the term, 
and the average attendance is found by dividing this sum by the whole number of 
days the school has been taught. The average attendance for a Aveek or a month is 
found in the same manner. 

If, on the other hand, the teacher prefers to mark absences, it 
may appear thus: (/) indicates absence in the forenoon; (\) absence 
in the afternoon; (X) indicates absence all day. The record will 
then appear in the form represented below, and the blanks will be 
counted instead of marks. 



1 


M. 


T. 


w. 


TH. 


r. 


s. 


J. Brown 






\ 




\ 


X 


S. Smith 








W. Stone 


/ 
\ 


\ 






"i' 




T. Talbot 


X 


\ 


X 


J. Jones 


X 


W. Jones 




\ 

X 

"x 








S. White 




V" 


x" 


x" 


X 


R. Mace 


/ 


X 


J. Tallman • ■ • • 


/ 


W. Bright 


\ 


\ 


E. Thorn 


/ 


9 


X 

\ 

4)^ 


Q'A 


\ 


W. Jack 




/ 


Attendance 


10 


8)4 


5 







157 

Note. — It is very desirable tliat each district in the State be fully and accurately 
reported. If one district in a town fails to report this item, the whole town sutlers 
from this faikire, in comparison with other towns that may be fully reported. 

That the register be neatly kept, it will be the best for the teacher to use a small 
blank book, in which may be registered the absences for the day, and then at night 
the register may be properly tilled and footed . 



♦No. 28. 

Form of a deed of a school-house site. 

Kuow all men by these present, that A. B. \and C. B. his ivife^ 

if married.] of the town of , in the county of , in the 

State of Wisconsin, party of the first part, for and in consideration 

of the sum of dollars to them in hand paid \>y the district 

board of "school district No. , of the town of ," county 

ot , and State aforesaid, the receipt whereof is hereby acknowl- 
edged, do hereby grant, bargain, sell and convej' to the said school 
district, party of the second part, and their assigns, the following 
described piece of land namely: \Jiere insert description of land.] 
Together with all the privileges and appurtenances thereunto be- 
longing. To have and to hold the same to the party of the second 
part, and their assigns forever; and the said party of the first part, 
for themselves, their heirs, executors and administrators, do cove- 
nant, bargain, and agree, to and with the said party of the second 
part, and their assigns, that at the time of the sealing and delivery 
of these presents, they are well siezed of the premises above con- 
veyed, as of a good, sure, perfect, absolute, and indefeasible estate 
of inheritance in the law in fee simple, and that the said lands and 
premises are free from all incumbrances whatsoever; and that the 
above bargained premises in the quiet and peacable possession of 
the said party of the second part, and their assigns, against all and 
every person or persons lawfull}'' claiming, or to claim, the whole 
or any part thereof, the said party of the first part will forever 
warrant and defend. 

In witness whereof, the said A. B. and C. B., his wife, party of 

the first part, have hereunto set their hands and seals, this 

day of ,A. D., 18-. 

Signed, sealed, and delivered ) A. B. | seal.] 

in presence of E. F. [ C. B. [seal.] 

G. H. ) 

Note. — Such deed should be duly acknowledged ibefore a notary public, justice 
of the peace, or other officer authorized by law to take such acknowledgment, and 
recorded in the office of the register of deeds for said county. 



158 
No. 29. 

Form of lease. 
Know all men by these presents, that A. B., of the town of 



in the county of , in the State of Wisconsin, of the first part, 

for the consideration herein mentioned, does hereby lease unto 

" School-district No. — , of the town of ," county of , in 

the State aforesaid, party of the second part, and their assigns, the 
following deecribed parcel of land: [Het'e insert description of 
land.^ Together with all the privileges and appurtenances there- 
unto belonging: To have and to hold the same for and during the 

term of years from the day of , A. D. 18 — ; and the 

said party of the second part for themselves and their assigns, do 
covenant and agree to pay to said party of the first part, for said 

premises, the annual rent of dollars. 

In testimony whereof, the said parties have hereunto set their 
hands and seals, this day of , 18 — . 

A. B., Lessor, [seal,] 

C. D., ) District board of school-district 

E. F.. [ No. , of the toivn of . 

G.A.,) 



No. 30. 

Form of an appointment to fill a vacancy in the district board. 

To A. A.—: 

The office of \clerk^ director, or treasurer^ of school-district 
No. , of the town of , having become vacant, you are here- 
by appointed to fill such vacancy until the next annual meeting in 
said district. 

Dated this day of , 18 — . 

(Signed.) G. H., 

Director. 
E. F., 

Treasurer. 

Note. — It requires two members of the board to make an appointment. If they 
neglect for ten days to fill the vacancy, it must be done by the town clerk, after the 
following form: In either case the appointment must be filed with the district clerk. 



No. 31. 

To A. B: 
The office of [clerk.^ director or treasurer, \ of school-district No. 



159 

— of the town of , having become vacant, and the district 

board of said district having failed to fill the same within ten days^ 
3^011 are hereby appointed to fill such vacancy until the next an- 
nual meeting of said district. 

(Signed.) C. D., 

Toum Clerk. 

Note. — In case a vacancy in a joint-district is to be filled by the town clerk, the 
appointment is made by the clerk of the town containing the school-house, but must 
be endorsed by the other clerks. (See Sec. 50.) 



No. 32. 

Form of refusal to accept a district ofEce or appointment. 

To the district board of school-district No. — , [or the town clerk as- 
the case may be J of the town of ; 

You are hereby notified of my refusal to accept the office of 



of school-district No. — , of said town, to which I was appointed by 

you on the — day of , A. D. 18 — . 

Dated this day of , 18 — . 

(Signed.) G. H. 

Note. — The notice of refusal must be filed with the clerk or director within five 
days after the appointment, or the person shall be deemed to have accepted the office, 
and be liable to a fine for non-performance of duty. 



No. 33 



Form of certificate of town treasurer of moneys in his hands subject to apportion- 
ment. 

To the town clerk of the town of ; 

I hereby' certify that there is now in my hands the sum of $ ,. 

school moneys, subject to apportionment to the school-districts en- 
titled thereto. 

Dated this — day of . 18 — . 

(Signed.) A. B., 

Town Treasurer. 



J^^Form 34, for town clerk's report to county superintendents, is omitted. 



160 

No. 35. 

Form of notice to town treasurer of apportiontment of school moneys by the town 

clerk. 



To the treasurer oftJietoivn of 

You are hereby notified that I have apportioned the school 
moneys now in j^our hands, to the different districts of the town, 
as follows: 



To district No. 

do 

do..... 

do 

do 



St 



TodistrictNo. 6 

......do 7 

To joint . . do 1 

do 2 

do 3 



Note. — Immediately upon the receipt of the certificate of the treasurer, of the 
amount in his hands, the clerk shall proceed to apportion it among the several dis- 
tricts of the town from which reports have been received according to law, and there- 
upon he will notify the treasurer as above, that he may pay the moneys to the treas- 
urers of the districts entitled to the same. 



No. 36. 



Form of report of town clerk to the county superintendent, of the names and post- 
oflBce addresses of the district clerks in his town. 

To the county suijer intend ent of schools of the county of . 



Sir: — I hereby report to j'^ou the names of the school-district 
clerks in the town of , and their addresses, as follows: 



(Signed.) 



Districts. 


Name of clerk. 


Post-office. 


Tso 


1 


A. B 




No 


o 


CD 


do 


N'o 


3 


E. F 


do 


No 


4 


G. H 


do 


No 


5 


I. K 


do 


No 


6 


L. M 


. . do 


Joir 


t No. 1 


N. 


do 




o 


P. E 


do 




3 


S. T 


do 











A. W., 

Town Clerk. 



Note. — The town clerk must report his own name and post-office to the county 
superintendent within ten days after his, the said clerk's election or appointment, 
and the name and office of each district clerk in his town, within ten days after the 
filing of the same in his office. 



161 

No. 37. 

Form of statement of the amount of taxes voted to be raised in a scliool-district, to 
be delivered by the district clerk to the town clerk. 

To li. S., Town Clerk of the Town of ; 

The amount of taxes voted to be raised in school-district No. — , 

of the town of , at the hxst anm^al meeting of said district, lield 

on the day of September, 18 — , is [n-y'de the amount in words] 

dollars; which amount you are requested to assess upon the taxable 
property therein. 

The following is a list of the names of the persons and corpora- 
tions liable to a school-district tax in said district: \Here insert the 
names of the persons and corporations.] 

Dated this day of , IS — . 

(Signed.) 

C. D., 
Clei-Ji- of school-dist)-ict No. — , of the town of . 

Note. — If the district has been lately organized and a tax was voted at the first 
meeting, as well as the annual meeting, that should be stated; also any tax voted at 
a special meeting, held between the time of the annual meeting and the first Mon- 
day of November following. 

State of Wisconsin, County of , ss. 

C. D., being duly sworn, on oath says that he is the clerk of 
school-district No. — , of the towai of , and that the above state- 
ment by him made of the amount of taxes voted to be raised in 
said school-district, and the list of persons and corporations liable 
to a school-district tax therein, are true. 

(Signed.) C. D. 

Subscribed and sworn to before me this day of 18 — . 

(Signed.) J.'P., 

Justice of the Peace. 



No. 38. 

Form of statement of the amount of taxes voted to be raised in a joint district, to be 
delivered to the clerk of each town in which any part of the district is situated. 

To B. S., of the town of : 

The amount of taxes voted to be raised in joint school-district 

No. — , of the towns of and , at the last annual meeting of 

said district, held on the day of September, iS — , is [write the 

amount in ivords] dollars: and the proportion of that amount to be 

raised in that part of said district, which lies in the town of is 

\^iv)-ite tJie amount in icords] dollars, w^iich you are requested to as- 
sess npon the taxable property therein. 

The following is a list of the names of tlie persons and corpora- 

11 Code. 



162 

tions liable to a school-district tax in that part of the district lying 

within the town of [here insert the names of the persons and 

corporations.^ 

(Signed.) C. D., 

Clerk of joint school-district No. — , ■ 

Of the towns of and . 

Note. — Attach affidavit of the district clerk similar to the one given in form 

No. 37. 



No. 39. 



Form of tax list to_ be made by the district clerk for the collection of a tax voted 
at a special meeting, held between the first Monday of Novemljer and the time of 
the annual meeting in the following year: 

Tax-List. 



Names of persons. 


Description of real estate 


"3 

o . 


<i CO 


o 
o 

H 

CS o 


o 
o 

a 
< 


A. B 


se qr sec 23 


$900 00 
500 00 
200 00 


$100 00 


50 00 


$1 ,000 00 
500 00 
250 00 


$25 00 
12 50 


C. D 


e hf se qr sec 17 

nw qr of se qr of sec 9 


E. F 


6 25 







I do hereby certify that I have set down in the above tax-list all 

the real estate situated in district No. — , of the town of county 

of , and state of Wisconsin, liable to be taxed, according to my 

best information, and that w^ith the exception of those cases in 
which the valuation has been otherwise fixed pursuant to law, I 
have estimated the same at what I believe to be the true cash value 
thereof; that the said tax-list contains a true statement of the 
aggregate valuation of the taxable personal estate of each and 
every person named in said list, as nearly as I could ascertain the 
same. 

Given under my hand, this day of , 18 — . 

A. B., 
Clerk of district No. — , toivn of . 



163 

No. 40. 

Form of a warrant annexed to assessment roll by district clerk, for the collection of 
taxes levied at special district meeting. 

The State of Wisconsin to the treasurer of district No. — , of the 
town of , count ji of .• 

You are hereby commanded to collect from each of the persons 
and corporations named in the annexed tax-list, and of the owners 
ot the real estate described therein, the taxes set down in such list 
opposite to their respective names, and to the several parcels of 
land therein described; and within ten days from the date of this 
warrant, personally demand such tax of the persons charged there- 
with in such lists, if they be found within your town; and if any 
such tax shall not be paid within said ten days, you are to levy and 
collect the same by distress and sale of the goods and chattels of 
the person or corporation so taxed; and the moneys so collected 
you are to retain as treasurer of the aforesaid district, subject to 
the order of the district board; and you are further required to 
make return to said district board of this warrant, with said list 
annexed, within forty days from the date thereof, together with 
your doings thereon, as provided by law. 

Given under my hand this day of , in the vear 18 — . 

A. B., 
Clerk of district No. — , toirn of . 

Note. — The above warrant may be renewed by the clerk for thirty days, and with, 
the consent of the town clerk, for a longer period. See form No. 43. 



No. 41. 

Form of return of unpaid taxes. 

To the town clerk of the town of .• 

Sir: — A special district tax having been levied in school-district 

No. , and assigned to me to collect, I hereby report to you the 

tax on the following lots and parcels of land as unpaid, and that 
after making dilligent efforts I have been unable to collect the same: 



Name of owner. 



A.B. 
C. D. 



Description of land. 



ne qr sec. 15 , 

e hf of nw qr section 12 



Value. 



400 00 
160 00 



Amt. of 
tax. 



10 00 
4 00 



Subscribed and sworn to this 
fore me. 

G. H., 
Justice of the Peace. 



E. T., 

Treasurer district No. 

day of , A. D., 18 — , be- 



164 

No. 42. 

Form of certificate of unpaid taxes. 

I hereby certify that the sum of $ , unpaid special district 

tax has been this day returned to me for collection, by E. F., treas- 
drer of school-district No. — . 

Dated this day of , 18—. A. B., 

Town Clerk of town of . 

Note — Tlie treasurer must deposit the above certificate with the district cleric 
who will file and preserve it. 



No. 43. 



Form of renewal of warrant by the district clerk, to be endorsed upon said wariant. 

I hereby renew the within warrant lor thirty days. 

(Signed.) A. A., 

District Clerk. 

Note. — If it shall be necessary to renew the warrant for a longer period than 
thirty days, the town clerk must endorse his consent to such renewal upon the war- 
rant as follows : 

I hereby consent to a second renewal of the within warrant. 
(Signed.) C. D., 

Town Clerk. 



No. 44. 



Form of determination of relative proportion of taxes to be assessed upon the difler- 
ent parts of a joint district, situated in two or more towns. 

Upon the application of A. B., C. D., and E. F., tax-payers in 

joint school-district No. — , of the towns of and , we have 

made the necessary inquiry and examination, and do hereby deter- 
mine that for every dollar of district tax to be hereafter levied upon 

that portion of the district the sum of cents shall be assessed 

lupon that portion of the district lying in |the town of , and 

cents upon that part lying in the town of 

Dated this day of , 18 — . 



G. 


H., 


) Assessors 


J. 


K.. 1 


of 


L. 


M., 


\ 


N. 


0., 


) Assessors 


P. 


R., 


of 


S. 


T.; 


) 



Note. — If the assessors cannot agree, and the supervisor or supervisors and a 
chairman of an adjoining town are called to act, they will also sign the above. (See 
section 75.) 



165 
No. 44. 

Form of application to board of supervisors to establish a school-house site. 

To the board of sit2)errisors of the town of : 

At a regular meeting of school-district No. — , it was decided by a 
vote of a majority of the electors present, to apply to your honor- 
able board to establish a school-house site for said district. The 
district has selected [liere describe the location of the site selected,^ 
but is unable to obtain the same, for the reason that the owner ot 
the land selected, will neither lease nor sell the same to the said 
district [or that tlie owner /s a non-resident.} 

(Signed.) A. B., 

District Clerk. 



No. 46. 



Form of certificate of district clerk that the notice for the meeting of the supervisors 
to establish a school-house site has been given. 

To the board of supervisors of the town of .• 



I hereby certify that on the day of , I served the fol- 

loAving notice upon the owner and occupant of the land therein 
described. [Here insert the notice in form 47.} 

Dated this day of , 18 — . 

(Signed.) A. B.. 

District Clerk. 

Note. — In case there is no occupant of the lands selected for a site, and the 
owner is unknown or resides out of the State, the notice must be published in the 
nearest newspaper, for six weeks previous to the meeting of the board of supervi- 
sors, and the above certificate must state the facts of such publication, instead of 
personal service. 



Form of notice for meeting of supervisors to decide upon an application to locate a 

school-house site. 

To all whom it may concern : 

The undersigned will be present at on the day of , 

at o'clock in the noon, to decide upon the application of 

school-district No. — for the location and establishment of a school- 
house site for said district upon[//fre describe the lands upon which it 
proposed to erect the site.} 

Given under our hands this day of , 18 — . 

(Signed.) A, B., ) Supervisors 

C. D., y of the town 
E. F., ) of . 

Note. — In case the application is made by a joint district, the supervisors of all 
the towns in which any part of the district is situated, must sign the above notice and 
be present at the meeting to locate the site. 



166 

No. 48. 

Form of certificate of action of town board of supervisors in locating and establishing 

a school-house site. 

We hereby certify that on the day of , A. D. 18 — , we 

located and established a school-house site for school-district iNo. 
— , comprising the following described territory, f here describe the 
lands taken for a site according to the survey of the same,] and award 

the sum of dollars in full as compensation to the owner [if 

there are two or more owners of the lands taken^ sjjecifying the 
amount aivarded to each,^ of the lands thus taken for said school- 
house site. 

Dated this day of , A. D., 18— 

(Signed.) A. B., ) Supervisors of 

C. D., [the toiim of 
E. F., ) . 

NoTJ-;. — The certificate of the action of town board of supervisors in locating and 
establishing an addition to a school-house site, will be the same as above, except 
that in the second line after the word, " established," the word, " a" will be omit- 
ted and the words, " an addition to the" will be inserted; and the last two lines 
willl be made to read: " taken for said addition to said school-house site." 

jg^"" Duplicates of the above certificates must be made out, and one of them must 
be delivered to the owner or occupant of the land taken, and the other to the district 
clerk of the district, who must have the same recorded in the office of the register 
of deeds of the county in which the site is situated. 



No. 49. 



Form of certificate of the board of supervisors of a vacancy in the office of county 
superintendent of schools. 

To State Superintendent of Public Instruction : 

Sir: — I hereby certify that a vacancy in the office of county su- 
perintendent of schools occurred on the da}^ of , 18 — , by 

[Jiere state the cause of the vacancy, whether by deaths resignation, 
retnoval from the county, or the removal from office of the incumbent.^ 

Given under mj hand and seal of office, this day of , 

A. D. 18—. 

(Signed.) A. B., 

Clerk of the board, of supervisors of county. 



167 

No. 50. 

Form of certificate of a county clerk of the division of a county into two superin- 
tendent districts, and of a consequent vacancy in, the office of county superinten- 
dent of scliools. 

To , State Supeyintendent of Public Instruction : 

Sir: — I hereby certify that on the day of , 18 — , the 

board of supervisors of the county of , divided said county 

into two superintendent districts; that they have determined that 
the present count}' superintendent shall have jurisdiction of district 
No. — , and that district No. — therefore remains vacant. 

Given under mv hand and seal of office, this day of , 

A. D. 18—. 

(Signed.) A. B., 

Countij Clerk of county. 



Jso. 51, Report of county superintendent is omitted. 



No. 52. 

Form of statement of number of children of school-age in a county, made by 
county superintendent for county treasurer. 

To A. B., treasurer of the count ij of ; 

Sir: — The following is the number of children over the age of 
four and under the age of twenty years, in those districts of the 
several towns in this county \or superintendent district, as the case 
may ie] which have maintained school for five or more months 
the past school-year, as returned to me by the town clerks: 



Town. 


Js umber of children. 


Town. 


Number of children. 


A 




D 




B 




E 




c 




F 






1 







Dated this 10th day of October, A. D. IS—. 



G. H. 



County superintendent of schools for 



county. 



Note. — The above statement must be filed with the county treasurer on or before 
the 10th day of October in each year. 



168 
No. 53. 

Form of notice to teacher and district clerk of the intention of the county superin- 
tendent to- annul said teacher's certificate. 

ToA.B., teacher in school-district No. — , town of ; 



Sir: — You are hereby notified tliat it is my intention to annul 
the certificate of qualifications now held by you as a teacher. 

C. B., 
County superintendent of scJtooIs for county. 

To E. F.., clerk of school-district No. — , of the town of . 



Sir: — You are hereby notified that it is my intention to annul the 

certificate of" qualifications held by , now employed in 

teaching your district. ' 

Dated this — day of , 18 — . 

County superintendent of schools for county. 

Note — The above notice must be served upon the teacher and district clerk at 
least ten davs before the certificate is annulled. 



No. 54. 

Form of annulment of a teacher's certificate and notice to town clerk. 

ToA.B.: 

Sir: The certificate of qualification held by you as a common- 
school teacher in the town [^or county^ of , issued on or about 

the day of , 18 — , is hereby annuled. 

Dated this day of , 18 — . 

(Signed.) _ C. D., 

County superintendent of schools for ■ county. 

Note. — The above annulment will not take effect till the following notice has been 
filed with the town clerk of the town in which the teacher whose certificate is an- 
nuled, is engaged in teaching. 



To the town clerk of the town of ; 

Sir: You are hereby notified that on the day of , A. D- 

18 — , I annulled the certificate of qualification held by A. B., a 
teacher of your town, for the reason that, in my opinion, the said 
A. B. does not possess the requisite qualifications as a teacher in re- 
spect to \jnoral character, learning, or ahility to teach., as the case 
may he.^ 

Dated this day of , 18 — . 

(Signed.) 

CD., 
County superintendent of schools for the county of . 



169 
FORMS FOR APPLICATION FOR DICTIONARIES. 

No. 55. 

Form of application for first supply of a scliool-district. 

State of Wisconsin, county of , ss. 

, being duly sworn, deposes and says that district No. 

— , in the town of , county fof , has never been supplied 

with Webster's Unabridged Dictionary, by the state, as provided 
by law. 



Disiricf Clerk. 
Post office - 



Sworn and subscribed to before me, 
tnis day of , 18 — . 



Send by express to , care of 



No. 56. 

Form of application for dictionaries in graded schools. 

State of Wisconsin, Connti/, ss. 

• , being duly sworn, deposes and says, that the follow- 
ing department — in district No. — , in the of , in the 

county of , ha — never been furnished with Webster's Una- 
bridged Dictionary by the State, as provided for by law; depart- 
ments unsupplied, ; departments heretofore supplied, . 

District CJerh. 
Post-office . 



Sworn to and subscribed before me, ^ 
this day of , 18 — . I 

' 1 

Send by express to , care of — 



170 

No. 57. 

Form of application for supply of additional departments in cities. 

State of Wisconsin" , County, ss. 

, being duly sworn, deposes and says, that the public 

schools in the city of , county of embraces distinct 

departments, in as many mifferent rooms (not including recitation 
rooms), under different teachers, and that the following departments 
in said schools have never been supplied with Webster's Unabridged 
Dictionary, as provided by law. 



Departments unsupplied. 


Departments heretofore supplied. 























Subscribed and sworn to before me, this day of A. D. 

18—. 



Post office . 

Send by express to , care of- 



City Superintendent. 



No. 58. 

Form of aijplication for dictionaries by the secretary of a town board. 

State of Wisconsin — County of — ■ — , ss. 

, being duly sworn, deposes and says that the follow- 
ing sub-district — in the town of , county of , ha — 

never been supplied with Webster's Unabridged Dictionary, as pro- 
vided by law: sub-districts unsupplied, ; sub-districts hereto- 
fore supplied, . 



Secretary oj to'cn hoard of directors. 
Post-office . 



Sworn to and subscribed before me, 
this day of , 187 — . 



Send by express to , care of 



171 

No. 59. 

Form of application for re-snjiply, when dictionary previously furnished is lost. 

State of Wiscoxsix, County — ss. 

being duly sworn, deposes and saj's that district No. 

— ill the town of , county of , has lost, by — — , the copy 

of Webster's dictionary heretofore furnished to said district by the 
State. 



District Clerk. 
Post office . 

Subscribed and sworn to before me, this day of A, D. 

IS—. 



Send by express to , care of — 



Xo. 60. 
Form of application for re-supply when dictionary previously furnished is worn out. 

State of Wisconsin, Countii — ss. 

, being duly sworn, deposes and says that the diction- 
ary heretofore furnished to district No. — , in town of , county 

of , is so worn out as to be unfit for u^e. 



18- 



Districf Clerk. 
Subscribed and sworn to before me, this da}' of , A. D. 



Send by express to , care of 



he two last forms above can be altered to suit circumstances, in case the ap- 
plication for a re-supply is for a graded school in a city or village. 

jgr^Dictionaries are not furnished free for a re-supply, but at the cost to the 
State. Those now on hand cost §S. The money or a money-order, or a draft, must 
in all cases accompany the application. It is better to send a money-order or draft. 



172 

Jg@^ Applications for dictionaries must be made by the district clerk, the secre- 
tary of the town board, or the superintendents of the schools in a city or incorpor- 
ated village, and the post-office of the applicant should be given as well as the 
nearest express station. Dictionaries cannot be sent by mail. 



FORMS FOR APPLICATIONS FOR CONSTITUTIONS. 

No. 61. 

Form of application for a district school. 

To the Superintendent of Public Instruction: 

Sir: — Please send to me, for the use of *school-district No. — 

of the town of , county of , copies of the " Consti- 
tution of the United States and of the State of Wisconsin," as pre- 
pared for use in common schools, said district never having been 
supplied. 



District Clerk. 

Post-oflSce, . 

Send by express to , care of . 

Note. — A district is entitled to not more than six copies on first application. The 
books are designed for advanced pupils only. 

* The word "joint" or "sub-" to be inserted here, if necessary: and in the latter 
case, the application Avill be signed by the secretary of the town board. 



No. 62. 

Form of application for a graded school. 

To the Superintendent of Public Instruction: 

Sir: — Please send to me, for the use of department — of school- 
district No. — of the town of , county of , ■ copies of 

the " Constitution of the United States and of the State of Wiscon- 
sin," as prepared for use in common schools, said department — 
never having been supplied. 



District Clerk. 

Post-office, . 

Send by express to , care of . 

Note. — A graded school is entitled to six copies for each department, but the 
books are designed for the advanced pupils only, in the higher departments. 



173 
FREE HIGH SCHOOLS. 

No. 63. 

Form of call for a special town meeting. 

To , town clerk of the town of , county of . 

Sir: We the nndersigned qualified voters of said town, respect- 
fully request you to call a special town meeting to take action re- 
lative to the establishment of a Free High School in said town, in 
pursuance of chapter 322, of the general laws of 1875; also, in case 
such school shall be established, to raise a tax for the support of 
the same. 

j Signers. I [Signers.] 



This call must be signed by at least twelve qualified voters of the 
own for a town meeting. In case it is desired simply to take a 
vote on question of establishing a high-school, the latter part of the 
call will of course be omitted. In case the call is for a special dis- 
trict meeting, it must be signed by at least five legal voters of the 
district, and the notice given at least six days before the time ap- 
pointed. 



No. 64. 



Notice of special town meeting. 

Request having been made to me by qualified yoters, notice 

is hereby given to the electors of the town of in the count}' 

of , State of Wisconsin, that a special toAvn meeting will be 

held in said town at , on the — day of , A. D. 187-, be- 
tween the hours of — o'clock in the noon, for the purpose of 

taking action relative to the establishment of a free high school in 
said towm in pursuance of chapter 323, of the general laws of 1875, 
and that the vote thereon will be taken {riva voce or bij ballot, see 

note.) at o'clock, in the noon of said day; also, that in 

case a majority of the electors present shall vote to establish such 
school, a vote will be taken on raising a town-tax to support the 

same. , 

Toivn Clerk. 

Dated this day of , 187. 

Note. — The town authorities will fill this blank with the words viva voce or with 
the words br/ ballot, as they shall judge proper, if the vote is ordered to be taken by 
ballot, it is not necessary to state the liour at which it will be taken. The electors 
when assembled mav determine that it shall be bv ballot, although the notice says 



• The above forms may be used, with the proper changes, in the case of vil- 
lages or single district.s. 



17i 

No. 65. 

Form of special report of free high school to county superintendent. 

Special report of the free high school in , in the county of 

for the year ending August 31^ 1876. 



"Whole number of pupils registered 

Average daily attendance 

^Number of teachers employed 

Number of terms of high school. ... 

Number of weeks of high school 

Number or pupils in common branches only. 
Number of pupils in Algebra or Geometry. . 

Number of pupils in Natural Sciences 

Number of pupils in Modern Languages. . . . 
Number of pupils in Ancient Languages. . . . 

Amount received for tuition 

Amount actually expended in instruction . . . . 



I , Clerk of tlie board of the aforesaid free high school, be- 
ing duly sworn, depose and say, that this report is true according to 
the best of my knowledge and belief, and that said free high school 

has been taught by a qualified teacher weeks, during the year 

ending August 31, IS 76. 

CD., 
Clerk. 

Sworn and subscribed before me this day of , 1876. 

J. P., 
Justice of the Peace. 



Index. 



ACCEPTANCE— 

of district office by two officers necessary to organization of district . 
must be in writing, and filed with the district clerk 



ACCOUNT— 

of district board for expenses to be presented to district meeting for al- 
lowance 59* 

to be kept by district treasurer 44 

ACTIONS— 

director to appear in, for district 41 

director to commence, on treasurer's bond 41 

against school district to be commenced by summons 105 

against town treasurer by district treasurer 115 

against county treasurer by town treasurer 115 

against district treasurer by director 115- 

may be brought by any elector in certain cases 115 

may be commenced and prosecuted before justice of the peace 105, 10& 

ADJOURNMENT- 

of school-district meeting lf»i,23 

notice for, when for a longer time than one month 3«> 

ADMISSION— 

of pupils into other districts 21-32 

AFFIDAVIT— 

of district clerk, to be attached to his annual report 48 

to statement of taxes voted 72 

must be made to application for dictionaries 169 

must accompany appeals 108 ,.109 

AGE OF CHILDEEN— 

entitled to attend school free 136- 

ALTERATION- 

of proceedings of district meetings. 21 , 34 

ALTERATION OF SCHOOL-DISTRICTS— 

to be made by town board of supervisors 1,11^14 

notice of meetuig of supervisors to consider 11 

notice of, to be filed with town clerk and district clerk 11 

not to take efiect within three months without consent of district board. . 11 
not to take effect between the first day of December and the first day of 

April following ,.., 11 

of joint districts, how made 14 

of joint districts, embracing villages 15 

of union districts, how made . 39 



176 

ANNUAL DISTRICT MEETING— 

when to be held 18 

powers of _ 19 ,22 

not to be deemed illegal for want of notice 19 

notice for, how given 36 

ANNUAL EEPOET— 

of county superintendent 84 ,98 

of city superintendents or clerks 53 

of town clerk 69 

of district clerk 48 ,52 

ANNULMENT— 

of teacher's certificate by county superintendent 97 

notice to be filed with town and district clerk 97 

APPAEATUS— 

may be purchased by district board 57 

moneys to purchase may be raised by tax 21 ,31 

APPEALS— 

from refusal of county superintendent to grant a certificate may be 

taken by applicant 97 , 1 12 

may be taken by other persons in certain cases 107 

decisions of State Superintendent on final 107 

decision to be made within thirty days after the hearing thereof is 

closed , 107 

regulations concerning 108 

APPENDAGES— 

board to provide for the school-house 59 

APPOINTMENT— 

to fill vacancy in district board 60 

of county superintendent 81 ,82 

APPORTIONMENT OF SCHOOL MONEYS— 

by State Superintendent 136 

by town clerk 71 

not to be made to districts failing to comply with the law 71 

how affected by alteration of districts 72 

B. 

(See county board of supervisors.) 
(See town board of supervisors.) 
(See district board.) 

BOOKS— 

for register to be furnished by district clerk 53 

to be furnished to indigent pupils 61 

text-books, to be determined by district board .... ,,...' 63 ,64 

text-books may be purchased by district 143 

BOEEOWING MONEY— 

by school-districts 104, 105 

BLACKBOARDS— 

moneys may be voted for 21 , 31 



177 



CEETIFTCATE— 

of value of school-honse, etc 13 

of town treasurers of numeys to be apportioned 68 

of determination to form union district 38 

of qualification granted to teachers 84, 91 , 94 

three grades established •.••••. ^'^ 

third grade, what study applicants for, must be examined in. 94 

second grade, what study applicants for, must be examined in 95 

first grade, what study applicants for, must be examined in 96 

may be annulled 97 

State teachers provided for 98 

State teachers' conditions of 99 

of returned taxes , '''5 

of judgment against school-district 105, 106 

CHALLENGE— 

of voters 8 

CITIES— 

to be exempt from jurisdiction of county superintendent 93 

to make reports to State Superintendent 53 

CLERK— 

(See district clerk, town clerk, and clerk of the board of supervisors.) 

CLERK OF THE BOARD OF SUPERVISORS- 

to file notice of apportionment of school moneys 144 

to transmit copy of notice to county treasurer 144 

to lay copy before county board of supervisors 144 

to transmit to State Superintendent copies of proceedings of county board 

relating to raising school-moneys 144 

to certify delinquent tax to town clerk 140 

to give notice to State Superintendent of vacancy in otTice of county super- 
intendent 81, 82 

COMMON SCHOOLS— 

to be free to children of certain ages 136 

no sectarian instruction to be allowed therein 136 

fund for support of 136 

to be maintained five months in each year or not share in the fund 71 

fund, how distributed 136 , 137 

what sliall be taught in 65 

government of 63 , 64 

exercises in, must be conducted in English language 65, 66 

CONSTITUTIONS— 

to be taught in common schools 67 

forms of application for l''^2 

CONTRACT— 

with teacher to be made by district board, 48 

to be filed in clerk's office 46 

COUNTY BOARD OF SUPERVISORS— 

to levy school-taxes 133 

duty when towns fail to levy or collect school-tax 140 

may authorize the election of two superintendents in a county 81 

to levy tax for salary of county superintendent 93 

12 Code. 



178 

COUNTY SUPEEINTENDENT— 

when to be chosen 81 

terra of office, when to commence 81 

two, to be chosen in a county in certain cases 81 

may resign office 82 

shall take and file oath of office 82 

may be removed from office 83 

not to act as agent for author, publisher, or bookseller 83 

to examine and license teachers 84 

to visit schools , 84 

to direct district board to repair school-houses 84 

to declare school-house unfit for use 84 

to annul teacher's certificate 84 

to report to county board of supervisors and State Superintendent 

annually 84,93 

to transmit to State Superintendent names and post-offices of town clerks 84 

to hold teachers institutes 85 

to divide his county into inspection districts 91 

to notify district clerks of time and place of meeting for examination of 

teachers 91 

to hold two meetings for examination of teachers in each inspection dis- 
trict annually 91 

may give applicant private examination 91 

compensation of 92 

salary of, how levied and collected 92 

to give county treasurer statement of number of children in his 

county over 4 and under 20 years of age 93 

may annul teachers' certificate 97 

to give notice of intention to annul certificate 97 

to file notice of annulment with town and district clerk 97 

to give person appealing from his refusal to grant a certificate, his 

reason for such refusal 97 

COUNTY TEEASUKEK— 

to apply to State Treasurer for school-money apportioned by State Su- 
perintendent 137 

to give notice to town and city treasurers 138 

how to disjiose of moneys uncalled for 138 



D. 



DEBTS— 



of school-district, tax may be voted for 21,31 

of extinguished district, how paid 16 

DECISION- 

of district meeting, town supervisors, etc., may be appealed from 107 

of State Superintendent, to be final 107 

DEED— 

district board may execute 56 

DEFICIENCY— 

in county school-tax may be transferred 139 

in tax-levies to be made up 139 

DELINQUENT TAXES— 

to be returned to town clerk by district treasurer 75 

town clerk to certify 75, 76 

how collected and paid over 76 



179 

DICTIONARY— 

Webster's to be furnished to school-districts 169, 171 

DIRECTOR— 

when elected 19^ 24 

term of othce 39 

to call special district meetings 37 

to countersign orders on treasurer 41 

to prosecute district treasurer 41 

to demand additional security of treasurer 41 

to certify judgment against district 106 

to prosecute clerk for making false report 114 

DISTRICT BOARD— 

%vho shall constitute it 54 

to hire teacher 46 

legal meaning of 54 

to purchase or lease site for school-house 56 

to build school-house 56 

to sell school-house or site 56 

to have the care of school-house, etc 57 

to purchase apparatus, record-books, blanks, etc 57 

to provide appendages for school-house 59 

to keep school-house in repair 59 

to present account of expenses incurred to district meeting 59 

to fill any vacancy in their own mmiber 60 

may purchase school-books for children whose parents are unable to fur- 
nish them 61 

may make rules for the government of the district-school 61 

may suspend or expel pupils 62 

have power to adopt text-books 63 

to visit and supervise schools 65 

to correct tax-list 76 

to value real estate 76 

DISTRICT CLERK— 

to include moneys due new districts in statement of tax made to town 

clerk .' 13 

to give notice of district meeting 36 

to call special meetings 37 

to demand additional security of treasurer 42 

to report name and post office of district officers to town clerk 44 

to keep a record of proceedings of district meetings and of district board 44 

to keep books, papers, etc 44 

io deliver books, papers, etc., to his successor 44 

to draw orders on district treasurer 45 

to make a report to town clerk 48-52 

to furnish register for use of teacher 53 

to include cost of apparatus, record-books, etc., in tax returned to town 

clerk 57 

to certify district taxes to town clerk 72 

to make out tax-list for special tax 75 

to annex warrant and deliver list to town treasurer 75 

to renew warrant attached to tax-list 76 

DISTRICT LIBRARY— 

tax may be voted for 21-31 

to be vested in the district board 100 

of adjoining districts may be united 100 

to be in charge of librarian 101 

regulations concerning 101 



180 

DISTRICT MEETINGS— 

first one how notified 3 

annual, when held IS 

annual, notice for, how given 36 

special, how called :" 37 

to be called by town supervisors in certain cases 3,4 

DISTEICT PROPERTY— 

may be sold 56 

board to have the care of 57 

how divided on division of distriet 13 

DISTRICT TREASURER- 

when elected 19, 24 

term of office 37 

to call special district meetings in certain cases 37 

to execute and file bond 42 

to give additional security when demanded by director and clerk 42 

to receive and pay out moneys 42 

to keep a book and make a report 43 

to hand over to successor, moneys, papers, etc 43 

to collect special district tax 74 

to deliver to town clerk statement of unpaid taxes 75 

to have same powers as town treasurer in collecting tax 75 

to prosecute town treasurer 115 

DIVISION— 

of counties 81 

of school-districts 13 

of property 13 

of ioint libraries 101 



E. 

EDUCATION— 

constitutional provisions in relation to 136 

of children mamtained at public charge 142 

ELECTION— 

day, genera] , a holiday 143 

of school-officers 19, 31, 39 

ELECTORS OF A SCHOOL-DISTRICT— 

to assemble at first district meeting 4 

their powers at annual meeting 19,36 

EMBEZZLEMENT— 

what constitutes 44 

punishment for 44 

EQUALIZATION OF TAXES— 

by town board of assessors 77 

ESTABLISHMENT— 

of free-high-schools 127 

EXAMINATION OF TEACHERS— 

meeting for, how notified, and when held 91 

private, granted in certain cases 91 



181 

EXPENDITURES— 

of district board, how allowed 59 

EXPULSION OF SCHOLARS FROM SCHOOL 62 

F. 

FEE— 

for tuition of non-resident pupils 32 

FINES, FORFEITURES, ETC.— 

for refusal to notify first meeting in new district 113 

for refusal to act as chairman of district meeting 113 

for refusal of district officer to serve 113 

for neglect of duty by district officer 113 

for neglect of officer "to deliver records, papers, etc., to his successor 113 

imposed on district clerk for making false report 113 

for neglect of town clerk to make report to county superintendent 114 

for refusal of town supervisors to carry into effect any decision of State 

Superintendent 114 

for neglect of county superintendent to make annual report 114 

for neglect of teacher to keej} register 114 

district treasurer liable, for paying out money contrary to law, or 

for purchasing orders for less than the sum expressed in them 115 

for drawing order for payment of wages of unqualified teacher 115 

for countersigning such order H-^ 

any elector authorized to prosecute for, in certain cases 115 

for disturbing private or public schools 116 

FORMATION— 

of school districts 1 

of joint districts 14 

of township districts H''' 

of union and high-school districts 53 

FORMS— 

to be furnished officers 116 

of affidavits in appeal cases 109,110 

of notice of apptal by teacher H- 

of order organizing new district 14t> 

of order organizing joint district _. 145 

of notice for first meeting by town supervisors 145 

of notice for first meeting to be left at residence of voter 146 

of return of notice for first meeting 146 

of notice by supervisors for meeting wlien there is no officer to call one . 147 

of acceptance of district office 147 

of notice of meeting to alter district boundaries 147 

of order altering district boundaries 148 

of consent to oider of alteration 148 

of awarding propert}-^ to new district 148 

of notice for annual meeting 149 

of notice for adjourned district meeting 149 

of request for special district meeting 149 

of notice for special district meeting 150 

of notice to supervisors of determination to form union district 150 

of order organizing union district l''! 

of appointment of first board of union district 151 

of notice to officers of election 151 

of refusal to accept district ofiice l-^^ 

of bond of district treasurer 1 52 

of call on treasurer for additional security 153 

of order on treasurer 153 



182 

FOKMS— Continued . 

of certificate by temporary clerk of correctness of record 154 

of contract between district and teacher 155 

of taking special statistics 155 

of school-register to be kept by teacher 156 

of deed of school-house site 157 

of lease of school-house site 158 

of appointment to vacancy in district board 158 

of refusal to accept office on appointment 159 

of certificate of town treasurer of money for apportionment 159 

of notice of apportionment by town clerk 160 

of report of names and post-office address of district clerks 160 

of statement by district clerk of tax voted 161 

of statement by district clerk of tax voted by joint district 161 

of special tax-list 162 

of warrant for collection of taxes 163 

of return of uifpaid taxes 163 

of certificate of unpaid taxes 164 

of renewal oi warrant by district clerk 164 

of renewal of warrant by town clerk 164 

of determination of relative proportion of taxes in joint district 164 

of application for location of school-house site 165 

of certificate that notice of meeting to locate site has been given 165 

of notice for meeting of supervisors to locate school-house site 165 

of certificate of location of school-house site 166 

of certificate of vacancy in county superintendent's office 166 

of notice of division of county, and consequent vacancy 167 

of statement of number of school-children in a county 167 

of notice of intention to annul teachers, certificate 168 

of annulment of teachers certificate and notice to town clerk 168 

of application for dictionary 169, 170, 171 

of application for constitutions 172 

oi call for special town meeting 173 

of notice for special town meeting 173 

of report of free high school 174 

FEEE HIGH SCHOOLS— 

how established and supported 127 

G. 

GOVEENMENT OF SCHOOLS— 

rules and regulations for, to be made by district board 62 

township system of, provided for 117 

H. 

HOLIDAYS— 

what days are legal 51 

I. 

INCOME OF SCHOOL-FUND— 

to what shall be applied . 136 

how to be distributed 1 36 

when to be apportioned 136 

to be applied to payment of teachers' wages 71 

county treasurer to apply for 137 

INSTITUTES— 

teachers', to be lield by each county superintendent 85, 90 



183 

J. 

JOINT DISTRICT— 

liow formed 14 

JUDGMENTS— 

against school-districts, how collected 105 

no execution to issue on 105 

JUSTICE OF THE PEACE— 

to have jurisdiction in certain cases 105 

to certify judgment 106 

L. 

LEASE— 

district board may lease bouse or site 56 

LIABILITIES- 

tax may be voted to discharge 21 , 31 

LIBRAEIAN— 

of district librarj-, who may be 100 

of joint libraries, how appointed 100 

his duties , 101, 102 

LIBRARY— 

of district, amount of tax for 21, 32 

title to be vested in district board 100 

of two or more adjoining districts may be united 100 

regulations concerning 101, 102 

town, law for establishing 103 

LOAN— 

district may make, to build house 104 

M. 

MAP— 

town clerk to make and keep in liis office 70 

to accompany appeals 108 

MAPS— 

moneys to purchase, may be raised by tax 21 , 31 

MISDEMEANOR— 

town clerk guilty of, for neglect to assess taxes 140, 141 

district clerk guilty of, if he makes a false report 113 

district treasurer guilty of, for purchasing orders for less than the sum ex- 
pressed in them 115 

MONEYS— 

not to be apportioned to towns failing to raise amount required by law. . 138 

due new districts, how raised 13 

to be paid to individuals in certain cases 13 

ot extinguished districts, how disposed of 16 

may be voted by school-districts 21, 32 

collected of defaulting treasurer, how applied 41 

not to be apportioned to districts which have not maintained school five 

months 71 

not called for in one year, to be re-apportioned 72 

collected from town clerk and county superintendent, how apportioned . 114 



184 

MONTH— 

number of days in 71 

teacher's 143 

N. 

JS^OTICE— 

of apportionment to be given to clerk of board of supervisors by State Su- 
perintendent 137 

for first meeting of school-district 3 

in case of neglect of inhabitants to assemble 4 

for meeting of supervisors to alter school-district 11 

of alteration of school-districts 11 

of alteration of joint school-districts 14 

of annual district meeting 36 

for special district meeting 37 

for meeting of supervisors to locate school-house site 78 

for teachers' examination 91 

0. 

OATH— 

administered to challenged voter 8 

of office by county superintendent. 82 

OFFICEES— 

of school-districts , 39 

women eligible to 39 

OEDEES— 

director to countersign 41 

treasurer to pay money on 42 

clerk to draw 45 

P. 

PENALTIES— 

(See " fines and forfeitures." ) 

PEOPEETY— 

of district to be in care of board 57 

division of, when new district is formed 13 

personal, assessment of 73 

PEOSECDTION— 

of actions against school -officers 113-115 

PUPILS— 

may be suspended or expelled 62 

, Q- 

i^UALIFICATIONS- 

of voters 6,7 

of teachers, how determined 94-96 



185 
R. 



EEAL ESTATE- 



districts may hold 5 

taxes on, how assessed and collected 73, 74 

valuation of, how equalized in joint districts 77 

EECOEDS— 

of school-district to be kept by clerk 44 

to be delivered to successor 44 

REGISTER— 

to be furnished teacher by district clerk 53 

what to contain, etc 53 

neglect to keep, forfeits wages 114 

REGULATIONS AND RULES— 

prescribed by State Superintendent for libraries 101 

district board to make 61 

concerning libraries 101 

relating to appeals 108, 109, 110 

REMOVAL— 

of county superintendent from office 83 

of district officers by county judge 113 

of town clerk by town supervisors 114 

REPAIRS OF SCHOOL-HOUSES— 

tax for, to be voted 19, 26 

district board to attend to, 59 

county superintendent to direct 84 

REPORT— 

of district treasurer 43 

of district clerk 48 

of clerk of joint-district 52 

of town clerk 69' 

of county superintendent 84 

of city superintendent or clerk 53 

RESIDENCE— 

of voter, how determined 9 

of children S3, 5(i 

s. 

SALARY— 

of county superintendent 95 

SCHOLARS— 

age of, to attend school free 136 

may be admitted from other districts 21 , 32 

may be suspended or expelled , 62 

residence of 33 , 50 

SCHOOI^BOOKS— 

State Superintendent to recommend 64 

kind of, used to be reported 49 

district board may purchase for indigent pupils 61 

board may determine what kinds shall be used 63 , 64 

districts, etc., may purchase 143- 



186 

SCHOOL-DISTEICTS- 

how formed 1 

size of 1)11 

notice ^r first meeting of 3 

when to be considered organized 4 

officers of _ 39 

officers of, to file written acceptance of office 4 

to be bodies corporate 5 

contracts with 5 

quaUfication of voters in 6 

alteration of 1, 11/14 

alteration of, not to take effect for three months in certain case 11 

not to be changed between 1st day of December and 1st day of April 

following 11 

joint, how formed Id- 
officers of 19, 39 

powers of 19, 36 

extinguishment of. 16 

annual meetings of, when held 18 

proceedings at annual meeting of. 19 

notice for annual meeting of, how given 36 

union, how formed 38 

may borrow money 104 

judgment against, "how collected 106 

SCHOOL-HOUSES— 

site of, how designated and established 19, 25, 78 

tax to build, how limited 25, 26 

may be sold : 57 

district board to have the care of 57 

district board to provide appendages for 59 

district board to repair 84 

repairs on may be ordered by county superintendent 84 

may be declared unfit for use 84 

SECTAKIAN INSTRUCTION— 

not allowed in district schools 136- 

SITE OF SCHOOL-HOQSE- 

how designated 19, 25 

how established in certain cases 78 

Avhat lands may not be taken for 79! 

SCHOOL-FUND— 

how applied 136 

SCHOOL-FUND INCOME— 

distribution of 136, 137 

SPECIAL DISTRICT MEETING— 

notice for, how given , 36 

how called 36, 37 

tax voted at, how collected 74 

STATE CERTIFICATES- 

provided for 98 

limited 98 

STATE SUPERINTENDENT- 

to certify apportionment of school-fund income 137 

not to apportion moneys in certain cases 138 

to decide appeals 107 

to furnish school-officers with blanks for their annual reports 116 

to furnish amendments to school-law to districts 116 



187 

STOCK— 

of merchants and manufacturers, where assessed 74 

STUDIES— 

to be taught in school 65 , 66 , 67 

in which applicants for certificates are to be examined 94, 97 

SUIT— 

district to give direction for prosecution or defense of 21, 34 

aginst district, director to defend 41 

justice of peace to have jurisdiction of 105 

SUPERVISORS— 

(See town board of supervisors, and county board of supervisors.) 

T. 

TAXES— 

to be raised by towns and cities for support of schools 138 

to raise money due new districts, how assessed 13 

for school-house and site, limitation of 19, 20, 25, 26 

for payment of teachers' wages 20, 29 

to pay district indebtedness 20, 31 

for the purchase of maps, charts, and apparatus 21, 31 

for district libran' T 21, 32 

not to be voted at special meeting unless three-fourths of the legal voters 

are notified at the meeting 37 

general district, how assessed and collected 72, 73, 79 

special district, how collected 74, 75 

paid by tenant may be collected of owner of land 76 

school-district, on what property to be assessed 78 

to pay judgment against district, how assessed and collected 100 

when enjoined, how collected. , 137 

TEACHERS— 

tax for wages of limited 20, 29 

to keep register 53 

to report to district hoard and county superintendent 54 

to be examined and licensed 94 

to forfeit wages for neglect to keep register 114 

TEACHERS' INSTITUTES— 

to be held by county superintendent 85, 90 

TEXT-BOOKS— 

district board to select 63 

to make list of, file it with the clerk, and post it in the school-room 64 

list of, adopted not to be changed for three years. . . 64 

penalty for changing the list of, adopted 64 

TOWNS— 

required to raise a certain amount of tax annually for support of schools. 138 
may raise additional amount 77 

TOWN BOARD OF SUPERVISORS— 

to form and alter school-districts 1, 11, 14 

to issue notice for first meeting of 3 

to call meeting in district having no officers to call same 4 

to ascertain and determine the amount of property due new district 13 

to dispose ot property of extinguished districts 16 

to form union school-district 38 

to locate and establish school-house sites 78 

may vacate office of town clerk, and fill vacancy 114 

to be fined for refusal to carry into effect any decision of State Superin- 
tendent 114 



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019 748 539 5 

TOWN CLERK— 

to assess delinquent school-tax 140 

to be guilty of misdemeanor for not assessing school-tax 140 

to fill vacancy in district board 60 

to make a report to county superintendent 69 

to see that district clerks make correct reports 70 

to file reports and papers 70 

to record description of school-districts 70 

to make a map of town 70 

to report name and post-office of himself and of district clerks to county 

superintendent 70 

to apportion school-moneys 70, 71 

to re-api5ortion moneys not called for in a year 72 

to give district clerk statement of valuation of property 73 

to assess district taxes ^ 75 

' to give certificate of unpaid tax to town treasurer 75, 76 

to enter unpaid tax in next assessment roll 76 

to asses tax te pay judgment against school-district 106 

may be removed from office by suj)ervisors 114 

TOWN TEEASUKEE— 

to receive and pay out school-money 42, 60 

to certify to town clerk amount of school-moneys in his hands 68 

to certify amounts paid by him to districts previous year 69 

to set apart funds to pay district taxes 74 

to prosecute county treasurer 115 

Y. 

VACANCY— 

in district board, how filled 60 

how may occur 60 

in office'of county superintendent to be notified to State Superintendent 

by clerk of board of supervisors 82, S3 

to be filled by State Superintendent 82, 83 

TRANSFER— 

of deficiency in county school-tax 130 

VALUATION— 

of property in joint districts, to be equalized by town assessors 77 

VOTERS— 

who may be 6, 7 

w. 

W^^GES OF TEACHERS— 

tax voted to pay 20, 29 

to be specified in contract 42 

public money to be applied in payment of 71 

when forfeited ■• 114 

WARRANT— 

clerk to issue, for collection of special tax 75 

treasurer to execute 75 

may renew "76 

WEBSTER'S DICTIONARY— 

forms of application for 169 

WOMEN— 

eligible as school-officejs • • • 169 



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